NOTE B. TO ART. X.

Instruction of the Lord Chancellor as to the Digest of the Statute Law.

No. I.

COPY of a LETTER from the LORD CHANCELLOR to the CHANCELLOR OF THE

EXCHEQUER.

"Sir, "I AM anxious to proceed without delay in the work which, as I announced in the House of Lords on the 14th instant, I propose to undertake, namely, a Consolidated Digest of the Statute Laws. In the year 1833, Lord Brougham, then Lord Chancellor, issued a Commission directed to five gentlemen then at the Bar, authorising them to digest into one Statute all the Statutes touching crimes, and further (amongst other things) to inquire and report how far it might be expedient to consolidate the other branches of the Statute Law, or any of them."

40, Upper Brook Street, 28th February, 1853.

"On the 17th of July, 1835, the Commissioners made a report on this lastmentioned subject, pointing out the mode in which they thought that a consolidation of the Statute Law might be accomplished, but since that time nothing further has been done on this Report. I do not propose any renewal of the Commission. I have satisfied myself that the best chance of completing a general consolidation and digest of the Statute Law will be, at once to begin the work without further inquiry as to the best mode of finally accomplishing it. I am persuaded that as the work proceeds those engaged in it will discover, both as to classification, arrangement, and language, what will be their most expedient course; and I am anxious, therefore, to set some competent persons to the task forthwith.

"For this purpose, I propose to retain the services of Mr. Bellenden Ker, who is the only Commissioner named in Lord Brougham's Commission who can practically be considered as now remaining. Mr. Starkie, one of the other Commissioners, is dead; Mr. Justice Wightman is now on the Bench; and Mr. Amos and Mr. Austin, the other Commissioners, have retired from the profession owing to ill health.

“I intend to employ under Mr. Bellender Ker four Barristers of intelligence and industry, whose position at the bar will not be such as to prevent them from devoting the whole or almost the whole of their time to the task.

"I cannot propose to Mr. Ker, by way of compensation for his services for one year, less than 10007.; I think I shall be able to obtain the assistance of four other gentlemen, well qualified for the task, at 6007. each. It is impossible that the work should be completed in a year, but I propose to engage the services of these gentlemen for one year only; for, though I am very confident as to the practibility and great usefulness of the work, yet as there are, I am aware, persons who think the scheme impracticable, I am anxious to have the means of stopping, if my views should turn out, after one year's trial, to have been too sanguine. I intend to lay before Parliament from time to time statements showing how the work is proceeding.

"In addition to the salaries which I have indicated, it will be necessary that

the Statute Law, should have a room conveniently situate, together with a messenger attached to them. They must also have two or three copies of the statutes, with stationery, &c. I make this statement with a request that you will give me the necessary sanction of the Treasury for enabling me to proceed with the scheme.

"I have the honour to be,

"Your obedient servant,

"(Signed) CRANWORTH."

No. II.

COPY of a LETTER from JAMES WILSON, Esq. to the LORD CHANCELLOR.>>

"My Lord, Treasury Chambers, 7th March, 1858. "I AM directed by the Lords Commissioners of Her Majesty's Treasury to acquaint your lordship, with reference to your letter, dated 28th ultimo, that their Lordships are pleased to sanction the appointment of the proposed Board 'for consolidating and digesting the Statute Law;' the said Board to consist of five Commissioners; viz. Mr. Bellenden Ker, as Head Commissioner, with a salary of 1000l. a year, and four other barristers of ability, at salaries of 600l. a year each, their services to be engaged for one year only.

"My Lords desire me to add that they will issue the necessary directions for providing a room for the proposed Board conveniently situate, with a messenger to be attached to them, and the necessary copies of the Statutes, stationery, &c. will be supplied for the use of the Commissioners.

COPY of a LETTER sent to each of the GENTLEMEN appointed to the STATUTE LAW COMMISSION.

House of Lords, 11th March, 1853.

"Sir, "I AM directed by the Lord Chancellor to state that it is the intention of Her Majesty's Government to proceed without delay in the work of the consolidation of the Statute Law, according to his Lordship's announcement in the House of Lords.

"For this purpose his Lordship has obtained the assistance of Mr. Bellenden Ker, under whose direction the work will proceed. He proposes to obtain the services of four gentlemen under Mr. Ker, who will be prepared for one year to devote their whole time to the work. As the scheme is necessarily to some extent experimental, his Lordship has thought it best to confine his plan for the present to so much only as can be done in one year. The course of proceeding will be regulated by Mr. Ker, under the Lord Chancellor's own immediate superintendence.

"The Lord Chancellor is authorised by the Lords of the Treasury to offer to each of the four gentlemen a sum of 6007, for his services during the year.

"The work must be commenced at the very beginning of next month. A room will be provided with two or three copies of the statutes, with stationery, &c. but probably it will be found that the chief part of the work can be most conveniently done by each gentlemen at his own chambers.

"If you should feel inclined to be one of the four gentlemen selected for this work, the Lord Chancellor directs me to say he will be happy to name you for the purpose; but his Lordship wishes you to understand that if, from change of plan or any other reason, he shall choose to dispense with your services at the close of the year, you must not consider it a reflection or in any way a hardship upon you.

"COPY of NOTE as to the REVISION of the STATUTE LAW.

"I. The first process will be to ascertain precisely the text of the Statute Law as it now exists, by determining what Statutes have been repealed (expressly or virtually), what have expired, and what have become obsolete or unnecessary in the present state of society. For this purpose a copy of the folio edition of the "Statutes" published by the Record Commission should be used, beginning with the Nova Statuta of Edward III. (see the Report of the Statute Law Commissioners), and for the later Statutes, the quarto edition, making it complete (where Statutes are not printed at length) by Queen's Printer's copies and from other editions, postponing the question as to examining the copies with the original Rolls till it is determined what enactments shall be actually founded on the results of the investigation.

"The revised Statutes will also be noticed, and whether revised intentionally or not, and those also as to which it is doubtful whether they are in force or

not.

“II. The text having been thus examined, a special and detailed Report should be made of all the repealed, expired, and obsolete Statutes, also of those which appear to have been revived unintentionally, and those which are doubtful.

"This Report will form the groundwork of a declaratory Bill to repeal (or confirm) such Statutes, to be introduced, if possible, at the end of the present Session.

"III. All doubts being thus removed and all unnecessary matter disposed of, the next process will be to devise a plan for a systematic arrangement of the existing Statute Law according to subjects, and to make a digest (translating the Latin and French Statutes).

"This Digest, when made, will be the materials for a consolidation of the existing Statutes, and specimens of such consolidation will be prepared in various modes; e. g.

"(a). Merely stating the existing Statute Law, removing discrepancies, obscurities, and surplusage, and incorporating the effect of judicial decisions.

"(b). Stating completely the Law, Statute and Common, on the subject, with definitions, &c.

"IV. The proceedings, after preparing such specimens, may be left for future consideration. If no such consolidations as above suggested are agreed upon, all that should be done as to the existing statutes (after the declaratory enactment before mentioned), will be to supply any deficiencies and remove doubts as to what is in force. What is necessary in this respect will be ascertained in the course of making the Digest. In any case (even if no consolidation is attempted) the Digest will be very useful as a guide to future legislation, as

In the Digest the heads already consolidated (Revenue, &c.) and also ( Criminal Law) unless Parliament decides not to go on with the Digest already prepared, may be omitted.

"V. Each party engaged in the different branches of the work will bear in mind that, in addition to the object of rendering the existing Statute Law clear and consistent, there is another object equally important; namely, to establish, as far as possible, such systematic rules as may insure a like consistency and clearness in future legislation. à

No. V.

COPY of a LETTER from H. BELLENDEN KER, Esq., to the LORD Chancellor. "My Lord, Lincoln's Inn, 20th May, 1853. "In pursuance of your Lordship's directions, I beg to state that the gentlemen appointed by your Lordship to revise and consolidate the Statute Law, &c. met for the first time on the 2nd of April last, and that we had several subsequent meetings at which we considered which would be the best mode of proceeding to carry out the objects indicated by your Lordship at the meeting held at your house on the 31st of March.

"It was arranged that Mr. Anstey and Mr. Rogers should proceed with a careful examination of the Statutes, commencing with the earliest, and should make a list of such as are obsolete or expired, or directly or virtually repealed, for the purpose of making a report to your Lordship, enumerating those which it might appear advisable at once to repeal or declare repealed, in order to remove so much useless matter from the Statute Book. In these lists great progress has been made, and Mr. Anstey and Mr. Rogers expect to have completed the revision of the whole Statute Book (for the preliminary purpose before mentioned) before the end of the present Session.

"Mr. Coode has been employed on a critical examination of the Statutes on a different system, beginning with the latest Statute, for the purpose of ascer taining exhaustively what is the law now in force; this will enable him, when his task is finished, to check and complete the lists of Mr. Anstey and Mr. Rogers.

"Mr. Brickdale has been employed in preparing specimens of a Digest according to several methods: 1st. A Digest of the mere Statute Law; 2nd. A Digest of the whole Law as it now exists, including both Statute and Common Law and the decisions of the Courts, but without introducing any alterations; 3rd. A Digest or Code introducing such improvements and simplifications as appear desirable without departing from any general principles of English Law. The subject which he has taken is that of Distress for Rent.

"Mr. Anstey is also preparing, as a specimen, a Digest of the law relating to insurance; and Mr. Coode is completing a very elaborate, and, I conceive, very useful Digest of the statutes now in force relating to the poor, a subject with which he has been familiar for some time. It is also proposed that Mr. Rogers shall prepare specimens of a digest of the law relating to bills of exchange.

"The object of these specimens will be to give your Lordship the means of judging what will be the comparative value of digests prepared in the several modes above mentioned, and also what amount of alteration of the law will be necessary in order to make it more simple and accessible than it now is.

“Mr. Brickdale has also employed a portion of his time in revising the list of repealed and other statutes prepared by Mr. Rogers; and Mr. Anstey's list will be revised in like manner before being submitted to your Lordship.

"During the progress of our examination of the Statutes the attention of all has been turned to the consideration of what improvements may be introduced in the mode of framing and passing future Statutes, and especially to the consideration of the different Clauses Consolidation Acts which have been found so useful in diminishing the length and insuring the completeness and uniformity of Local and Personal Acts, with a view to the question whether they may not be rendered more complete, and whether the principle on which they are based may not be extended.

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I fully expect that before the end of this Session we shall be able to lay before your lordship for consideration the several matters to which I have above referred.

We must here advert shortly to several subjects of great interest in connection with our general subject.

FUSION OF LAW AND EQUITY.

We have endeavoured, in our first article, to show the present state of the question as to "Fusion of Law and Equity." That we did not over-state the present feeling in its favour is shown by what has since taken place with respect to the Bill for amending the Common Law Procedure in Ireland. This is a most important measure of Law Reform. It was brought into the House of Commons in November by Mr. Whiteside, then Irish Solicitor-General, to whom it does the greatest credit. It was explained by him with equal learning and eloquence; and, after a good deal of discussion, and with some material additions, it passed through all its stages with very little opposition. The change of Ministry which took place soon after it had been introduced did not affect its progress, and all parties seemed desirous of furthering so beneficial a measure. Lord Brougham took charge of it in the Lords, and congratulated himself on its recognising nearly all the principles expounded by him in his well-known statement of 1828, and sanctioning almost all the plans of Law Amendment then propounded.

The principle which pervades this Bill is the substitution of natural for technical procedure. It gives every facility for prosecuting suits founded on just claims, for preventing those of an opposite description, for expediting the progress of the unavoidable litigation, for lopping off the parts which are hurtful or cumbrous. An easy service of process is provided; forms of action are