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438 Consolidating the Statute Law-Second Report of the Commissioners. convenient to separate them in the way of clas- Session. In the outline of a classification of sification from other Statutes. When rules of the Acts of the last Session which we are about law applicable to securities of the like nature to submit for consideration, they are placed toare established, all that is important in the Act gether under one head. which authorises the loan is the amount of Another obvious principle of classification is annuities of which the creation is warranted, to make manifest, 'as to the Public General and the terms on which they may be acquired Acts which are properly “laws,” the territorial by those who advance the money to the public. extent of their operation. When these terms are complied with, the Act Dismissing for the present what are termed ceases to be of importance even as a title deed, Local Acts, a Statute may be found to be ap-for no one buying Three per Cents. can as- plicablecertain under which of the multitude of Loan To the United Kingdom (with or without Acts the stock which he takes has been created the Colonies or Foreign possessions of the

The number of Acts above referred to would Crown); in itself justify some classification, of which To Great Britain ; one object should be to separate from the other To England and Ireland; Statutes those Acts which are not properly To England only; "laws ;" every Act, in short, of which the To Scotland only; operation is spent on one transaction. It does To Ireland only; not necessarily follow that every such Statute To the Colonies, or some of them; or, should be brought into the same class, for To the territories under the Government of there may be a convenience in classifying Acts the East India Company. of administration as well as Acts of legislation, All these Acts concern different countries, It is enough for our present purpose to say the previously existing laws in which may be that they should not be mixed up with general different. laws.

It is unnecessary to urge that a Legislature But in addition to those administrative Acts giving laws to different territories should set which are not laws, there are other Statutes forth distinctly to what territory each law apconnected with the current administration of plies, and so publish it that it' may be easily public affairs which seem to have claims on accessible to those whom it concerns, without more than one ground to be placed in classes being a burthen to others. There is no reason apart from other laws.

why the people of Scotland, for instance, One set of these Acts are those which relate should be burthened with the Acts applicable to the armed forces of the Crown. The Mutiny to Ireland only. Act and Marine Mutiny Act (which in the It is not sufficient to say that each Act is last octavo volume of the Statutes fill 122 sold separately, for it is necessary to examine pages) are, we need not say, annual Acts; all the Acts to know which of them applies to not continued by reference, but re-enacted at each country. The titles often give no indicalength (frequently with some alteration). They tion of the extent of an Act; and the letters are laws of much importance to the forces and U. K., E., I., and S., &c., which are to be the departments concerned, and indeed to the found in the Index to the Public General Acts, public safety, but the people at large have have no authority, and are not free from doubt rarely occasion to reser to them.

and mistakes. Indeed, the absence of classifiThe Acts relating to the navy, though not cation, as it relieves the promoter of a Bill from annual, form together a great mass, into which the necessity of declaring to what territory his any person not belonging to the naval forces measure is to extend, sometimes leads to enough or the Admiralty can rarely have occasion to of uncertainty as to the extent of the operation look. There are also Acts passed in every of the Act to excuse a mistake of the most careSession relating to the militia, and the laws in ful index maker. relation to this force will sooner or later he We would therefore suggest that all Acts in consolidated, and will necessarily form a bulky the nature of general laws should be placed in Statute. It would probably be convenient to classes intituled according to the territories to place all the Acts relating to the armed forces which they extend, excepting always those laws in one class.

which from other considerations may be thrown Another class, we think, might be formed more conveniently into special classes. with advantage of the Statutes relating to the The same considerations which should prerevenue. The fiscal code is in all other coun- vent the mixing up of the Acts relating exclutries a matter apart.

sively to Ireland with those exclusively relating As to one of the most important branches of to England or Scotland apply with greater force the revenue, the Customs, the Statutes are re- in the case of the Acts relating to parts only of vised and consolidated periodically. The same any of the three countries, commonly known as practice will probably be soon extended, as it Local Acts. conveniently might be, to the other branches Of those Local Acts which are now ranked of the revenue.

among the Public General Statutes there are The Acts relating to the revenue, and those some which cannot be preferred on the score Financial Acts of administration which have of extent of operation or importance to others been before described, will be found to make up, which are found in the Local and Personal a considerable portion of the Statutes of every series. Some are treated as Public and Ge

6

Consolidating the Statute Law-Second Report of the Commissioners. 439 neral because they have been introduced by

18 & 19 VICT. public departments for considerations connected with the administration of justice or public bu

No. of No. of siness; others because they extend to districts

Acts. Pages. 80 considerable (as, for instance, some Bills

1. Army, Navy, and Militia

11 concerning the metropolis) that it would be

158

2. Revenue and other Financial Acts 30 177 attended with inconvenience or hardship to

3. United Kingdom

12 93 apply to them the rules which govern the pro- 4. Great Britain General Laws 2 10 ceedings on Private Bills.

5. England and Ire- of, not in- 4 20 It is proper to note one circumstance which land.

cluded in has specially contributed to the insertion 6. England

classes 1 and 22 103 among the Public General Statutes of Acts 7. Scotland

2, in all 58.

31 strictly Local or Private, and which has tend. 8. Ireland

12 17

27 307 ed to swell and complicate the Statute Book. 9. Special and Local Parliament, for the sake of sparing to private 11. East Indies

10. Colonies

6 86 2

3 persons and communities the expense and trouble of soliciting Private Bills, has autho

134 1,005 rised in some cases administrative departments or commissions to effect arrangements for pri- The classes here given are suggested for vate or local convenience, which formerly re- illustration only, without presuming that the quired in each case the sanction of a separate classification may not be improved, nor that Act. But to guard against abuse, and to afford some variation might not be made in the numto individuals some protection in lieu of that bers, after a full consideration of the contents which the power of opposing a Private Bill of the Statute Book. affords, a Parliamentary sanction is required The Acts in each class would of course be to be given to the orders of the department or numbered in a separate series, and each class Commissioners by a Public General Act. In would, at the end of the Session, form a sepathis way the orders of the Inclosure Commis- rate fasciculus or “part.” sioners relating to inclosures (great and small, To a large majority of the readers and buyers but all merely local or private transactions), of the Statutes (if those of the last Session bad and the Orders of the General Board of Health been so classified), the parts which contain the for the application of the Public Health Act to Public General Laws relating to towns, and the like, are continually brought to The United Kingdom (93) Parliament for confirmation.'

Great Britain

(10) It is no impeachment of the policy which England and Ireland

(20) has led to these Acts to say that there can be And England (only). (103) no reason whatever for confounding them in

226 the same mass with Public General Statutes. In all, 226 pages, instead of 1,005, would be

To prevent the multiplication of classes, it sufficient. would probably be well to place the Local It is enough to suggest the consideration Acts which have been referred to in the same what the effect of this separation into classes series with those Special Acts before described, would have been if it had been applied to the which, so far as respects their limited opera- Public General Statutes of every Session dution may be assimilated to Private or Personal ring the last and the present century. Acts. The object of putting Local Acts in a These proposals for a classification of the class apart is to prevent them from continuing Statutes are entirely independent of those conto encumber those who have no concern with tained in the former part of this Report for the the places to which they relate, and there will appointment of an officer to revise and im. be no increased danger, in consequence of such prove the current legislation ; yet, should such an arrangement, of any such Statute escaping an officer be appointed, and any such plan as the notice of those who are to be affected by that now suggested be adopted, it would proits enactments.

bably be found convenient to charge him with The best test of the effect of classification the duty of superintending the due arrangewill be to throw the Acts of a given Session, ment of the Acts of every Session. the last Session, for instance, into separate

CRANWORTH, C. (L.s.) classes. The Public General Statutes of 18 &

LYNDHURST.

(L.s.) 19 Victoria are 134, which occupy 1,005 octavo

BROUGHAM.

(L.S.) pages. The following is the number of Acts

WROTTESLEY.

(L.s.) and of pages found in each of the classes into

CAMPBELL.

(L.s.) which, by way of illustration, the mass may be

WENSLEYDALE.

(L.s.) divided :

JOHN Jervis.

(L.8.) J. MoxcRIEFF.

(L.S.) 1 Inclosure Act, 8 & 9 Vict. c. 118, 8. 32.

S. H. WALPOLE. (L.s.) Public Health Act, 11 & 12 Vict. c. 63, s. 10.

M. T. BAINES.

(L.s.) So the arrangements between turnpike trusts

William Page Wood. (L.s.) and their creditors, under 14 & 15 Vict. c. 38 ;

A. E. COCKBURN. (L.S.) and applications under the Charitable Trusts

R. BETHELL.

(L.s.) Acts.

WILLIAM KEOGH. (L.s.)

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440

Counties and Boroughs Police Bill- As Amended in Committee.
J, D. FITZGERALD. (L.s.) | last-mentioned Act, and the police rates as-
JAMES CRAUFURD. (L.s.) sessed and levied therein accordingly.
E. F. MAITLAND. (L.s.) 3. In case it be represented to one of her
FitzRoy KELLY. (L.s.) Majesty's Principal Secretaries of State by the
WALTER COULSON. (L.s.) Council of any borough, that application has

H. BELLENDEN KER. (L.S.) been made to the justices of any county in or March 5, 1856,

adjoining to which such borough is situate, to

consolidate the police of such county and COUNTIES AND BOROUGHS borough in the manner provided by the 14th POLICE BILL.

section of the 3 & 4 Vict., and that such consolidation has not been effected, it shall be

lawful for such Principal Secretary of State to AS AMENDED IN COMMITTEE.

inquire into the terms of consolidation pro1. In every county in which a constabulary posed, and to report thereon to her Majesty in has not been already established for the whole Council; and it shall be lawful for her Majesty, of such county under the 2 & 3 Vict. c. 93; with the advice of her Privy Council, to fix the and the 3 & 4 Vict. c. 88, the justices of such terms and conditions and date upon and from County at the General or Quarter Sessions which such consolidation shall take effect, and holden next after the day of 1856,

thereupon the provisions of such last-mention. shall proceed to establish a sufficient police ed Act shall become applicable as if such conforce for the whole of such county, or where a solidation had been effected by an agreement constabulary is already established in part of made under the said section, save so far as such county, then for the residue of such such provisions relate to the determination of county, and for that purpose shall declare the such agreement; and it shall be lawful for her number of constables they propose should be Majesty, with the advice of her Privy Council, appointed, and the rates of pay which it would at any time and from time to time to vary the be expedient to pay to the chief and other terms of any such consolidation, or at any constables, and shall report such their proceed time to determine such consolidation upon ings to one of her Majesty's Principal Secre- such terms as to her Majesty in Council may taries of State; and upon the receipt from the

seem just. Secretary of state of such rules as are mention.

4. The constables of every county appointed ed in section 3 of the 3 & 4 Vict. c. 88, all the under the 2 & 3 and 3 & 4 Vict., or this Act, provisions of the 28: 3 Vict. and 3 & 4 Vict. shall have, in every borough situate wholly or shall take effect and óe applicable in relation to in part within' such county, or within any such county, in like manner as by the said Acts county or part of a county in which they have provided, upon the adoption of such Acts for authority, all such powers and privileges and any county by the justices thereof, and the re- be liable to all such duties and responsibilities ceipt of such rules as aforesaid from the Secre- as the constables appointed for such borough tary of State, subject, nevertheless, to the amend- have and are liable to within any such county, ments contained in this Act.'

and shall obey all such lawful commands as 2. In case it be made to appear to her Ma- they may from time to time receive from any jesty in Council

, upon the representation of one of the justices of the peace having jurisdiction of her Majesty's Principal Secretaries of State, within any such borough in which they shall that a distinction should be made in the num- be called on to act as constables, for conductber of constables to be appointed to keep the ing themselves in the execution of their office. peace in different parts of the same county, it

5. The constables acting under the 2 & 3 shall be lawful for her Majesty, by the advice and 3 & 4 Vict, and 5 & 6 Wm. 4, and this of her Privy Council, to order and require the Act, shall, in addition to their ordinary duties, justices of such county to exercise the powers perform all such duties connected with the given by the 3 & 4 Vict. for the division of police in their respective counties or boroughs such county into police districts; and the said as the justices in general or quarter sessions justices shall thereupon, in manner directed assembled, or the watch committees of such by such Act, and subject to such approval as respective counties or boroughs, from time to therein mentioned, divide such county into time direct and require. such police districts as shall appear to them 6. It shall not be lawful for any constable most convenient, and declare the number of acting under the Acts 2 & 3 Vict. and 3 & 4 constables which ought to be appointed for Vict. and 5 & 6 Wm. 4, and this Act, to reeach police district ; and the extent of such ceive to his own use any fee for the performdistricts, and the number of constables ap- ance of any act done by him in the execution pointed for each, may be altered as in the of his duty as such constable ; but this enactsaid Act provided; and the expenses to be de. ment shall not extend to prevent the receipt frayed by each such police district shall be by any such constable of any fee or other payascertained in the manner provided by the said ment legally payable which he may be liable to

! The passages in Italics are new, and are account for and pay over to the treasurer of the substituted for a provision in the former Bill county or borough, or otherwise for the use of which required the approval of the Secretary the county or borough.? of State on the appointment of the chief constable.

? This clause is new.

Counties and Boroughs. Police Bill.-Law Studies at Oxford.

441 7. Borough constables disqualified from or this Act, the population of which borough voting at elections for Members of Parliament, according to the last Parliamentary enumeraand subjected to a penalty of 201. for interfer- tion for the time being does not exceed 5,000. ing in the election.

13. No agreement made under the 14th sec8. Power to grant superannuations to chief tion of the 3 & 4 Vict, shall be put an end to constables.

without the sanction of one of her Majesty's 9. The chief constable of every county and principal Secretaries of State. the watch committee of every borough shall, in 14. The 24th section of the 3 & 4 Vict. c. the month of January in every year, transmit 88, shall be repealed. to one of her Majesty's principal Secretaries of 15. Interpretation of terms. State a statement for the year ending the 31st 16. Act to be construed with 2 & 3 Vict. c. day of December then last, of the number of 93, and 3 & 4 Vict. c. 88. offences reported to the police within such county 17. Act not to extend to Metropolitan Police or borough respectively, the number of persons District or City of London. apprehended by the police, the nalure of the charges against them, the result of the proceed

LAW STUDIES AT OXFORD. ings taken thereupon, and any other particulars relating to the state of crime within such county or borough which such chief constable or watch We wish to call the attention of our committee may think it material to furnish.

readers to a pamphlet by Dr. Trarers Twiss, 10. It shall be lawful for her Majesty, by published in the form of " A Letter to the warrant under her Royal Sign Manual, to ap- Vice-Chancellor of the University of Oxford point during her Majesty's pleasure three sons as inspectors under this Act, to visit and on the Law Studies of the University.” 1 inquire into the state and efficiency of the The learned Author is Regius Professor of police appointed for every county and borough, Civil Law in the University; and considerand whether the provisions of the Acts under ing the various movements in regard to the which such police are appointed, and the rules legal education of both branches of the Profor their government made by one of her Ma: fession, we think this appeal to the Unijesty's principal Secretaries of State, are duly observed and carried into effect, and also into versity authorities is particularly well-timed, the state of the police stations, charge rooms,

Dr. Twiss observes thatcells, or lock-ups, or other premises occupied “The discouragement, which the study of for the use of such police; and each of the the Civil Law has undergone from its depressed inspectors so appointed shall report upon all state as a Faculty within the University, has such matters to one of her Majesty's principal been enhanced by the disfavour with which it Secretaries of State, who shall cause such re- was viewed in Westminster Hall in the long ports to be laid before Parliament; and such interval between Lord Coke and Lord Mansinspectors shall be paid, out of such money as field. Lord Coke, of whom I should wish to may be provided by Parliament for the pur- speak with the highest respect, conceived that pose, such salaries and allowances as shall be many principles of the Civil Law were opposed determined by the Commissioners of her Ma- to the spirit of the Common Law of England; jesty's Treasury.

and I fear it may be said without undue disii. Upon the certificate of one of her Ma- paragement of that great Judge, that his zeal jesty's principal Secretaries of State, that the for the liberties of the subject led him to unpolíce of any county or borough established dervalue the jurisprudence of Rome, and that under the provisions of the said Acts and this his authority entailed upon his successors, with Act, or any of them, has been maintained in a few exceptions, until Lord Mansfield's time, a state of efficiency in point of numbers and dis- traditional jealousy of the Civil Law, which cipline for the year then last past, and that the was calculated to deter the members of the rules and regulations made for the government English Bar from its study, and was prejudicial thereof hy one of her Majesty's principal Se. to the advancement of English jurisprudence. cretaries of State bave been duly observed, it Since Lord Mansfield's time more enlarged and shall be lawful for the Commissioners of her more sagacious views have gradually infused Majesty's Treasury to pay from time to time, themselves into the minds of the Profession, out of the moneys provided by Parliament for and at the present day, there is a disposition to the purpose, such sum towards the expenses think that in a good course of legal study the of such police as shall not exceed one-fourth of Institutes' of Justinian may safely take prethe charge for their pay and clothing, certified cedence of the Institutes’ of Lord Coke, and as aforesaid; but such payment shall not ex: that the · Pandects' are a repository of sound tend to any additional coustables appointed legal principles applied to private rights and under the 19th section of the 3 & 4 Vict. c. 88. obligations, 10 which we may wisely have re

12. But no such sum as aforesaid shall be course, when the venerable Year-Books do not paid towards the pay and clothing of the police come to our aid. of any borough, not being consolidated with “ In addition to this, her Majesty's Commisthe police for a county under the 3 & 4 Vict. sioners appointed to inquire into the arrange

The passages

in Italics are new.

Longman & Co., 1856.

442

Law Studies at Oxford. ments of the Inns of Court and Inns of Chan-¡ her Majesty's Commissioners by two eminent cery for promoting the Study of Law and Ju- members of the present Hebdomadal Council, risprudence, have reported in favour of a more to wit, Professor Price of Pembroke College, scientific preparation for the profession of the and Dr. Scott, now Master of Balliol College. Bar than can be obtained under the present The portions of the evidence of these gentlesystem of practical study in a barrister's cham- men, which the Commissioners have einbodied ber, and have suggested that the Universities in their Report, are as follows. may co-operate more effectually in advancing “Mr. Price observes, 'As the Professors legal education by a sound and liberal training would be, it is hoped, some of the most emi. for the students intending afterwards to enter nent men in their respective departments, it upon the profession of the Law, limited in re- would be injurious to them that their time spect to that study to general principles, than should be wholly employed in giving lectures by increasing the amount of special instruc- in the elements of their learning, as well as the tion which the Inns of Court should properly higher parts, to the younger students; they supply."

ought, therefore, to have leisure for pursuing Referring to the evidence of Mr. Lowe, bounds of their sciences, being, as it is pre

their respective studies, and for enlarging the the Vice-President of the Board of Trade, sumed, persons capable of doing so; but itasgiven before the Inns of Court Commis- much as the students have also a claim on the sioners, the Author, in reference to the University for instruction, and as it ought to establishment of a “Law University” in give that teaching which is now derived from London-or as Dr. Twiss would rightly, we private tutors, it seems desirable that, when it think, prefer it to be denominated a Faculty is necessary, there should be public teachers of Law-observes, that he cordially concurs

of a different kind to the Professors, who with Mr. Lowe that "Legal Education is a it should be especially to give lectures to stu

might be called Public Lecturers, whose duty much larger question than the education of dents. This I conceive to be a matter of the the Bar, or even of the Bench ;” and he utmost importance for the efficiency of the gives praise to the University of Oxford for system.' establishing a School of Jurisprudence and “ Dr. Scott, on the cther hand, enforces the Modern History as a department of the same view by the example of Foreign Unifinal examination for the first Degree in versities :- The Ordinary Professor (to use Arts; and he thus describes its

the Continental phrase) in any department,

progress and points out the course yet remaining for might avail himself of the services of Ertra

ordinary Professors or Lecturers among the adoption :

fellows of colleges. The class which nor fur“The School of Law and History has now nishes private tutors, would thus have a work, been established six years, yet the University perhaps less lucrative, but more interesting, has made no provision whatever for giving in and reflecting more credit on themselves, and struction to the undergraduates, either in Mu- they would be trained for the University and nicipal, or in Civil, or in International Law. College duties to which they might afterwards Lectureships in Law and History have indeed succeed. Such co-operation of several Lecbeen established in four or five of the colleges. turers, under the direction of one responsible I can speak myself for University College, Ordinary Professor of the Faculty, would prowhich in this respect has not forgotten her bably work better than the establishment of ancient traditions ; but the University itself co-ordinate and perhaps rival Professors. At has not in any way come to the aid of the least, on the Continent the rivalry of Profescandidates who elect to proceed in the School sors is sometimes found to lead to illiberal of Law and History; and the recent ordi- competition. It would also require a smaller nance, which precludes them from becom- fund for their income, and it would create a ing Students in Civil Law before their final body of competent candidates in each Faculty, examination in the School of Arts, withdraws from which the successors to vacant Profesthem from the superintendence of the Regius sorships might be selected with less mistake Professor of Civil Law. Yet the Report of the wherever the patronage might be."" Oxford University Commissioners has pointed out a very simple course for giving aid io such to the rejection of a proposition to establish

Farther, the learned writer, in reference students, which has both the recommendation of the experience of Continental Universities, a Readership in Civil Law and another in where the teaching is mainly carried on under Common Law, remarks that the “Congrethe Professorial system, and is countenanced gation” formed only a thin House of less by a distinguished example in Oxford itself than thirty Masters; and thatsupplied by the Regius Professor of Hebrew. The scheme of establishing Assistant Profes- "Many members of the University objected, sors or Lecturers, to which I am about to on constitutional grounds, to such a measure allude, as a grade of instructors subordinate to being brought forward in the form of a decree the Professors, was strenuously urged upon

instead of a statute : for my own part, I con

sider that it was objectionable on other subSee Report, p. 135.

stantial grounds. The University ought to

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