French code of civil procedure. I am convinced that the chances of error always increase with the space over which they are spread, so that an act of 128 clauses affords certainly a wider field for doubt and litigation than if they could be compressed into 40. I fear that, if the act were carefully scrutinised, it would be found to err repeatedly, in the enacting of powers which already exist, and of provisions which are already in force, as well as in the enacting of powers and provisions which are logically implied in those previously contained in the act. And yet, even in those passages of the act where the careless reader would see but useless verbiage, the practised eye will discern that the most anxious care has been taken to provide for every possible contingency, to make every thing plain and easy for those who will have the working of the act: and, if the result shall fall far short of the pains taken to secure it, I fear that the causes of failure will be found to be other than intellectual. I believe that much of the verbiage in modern acts of parliament, arises in fact from a want of confidence between man and man; from a blind feeling of uncertainty whether the courts and their officers, whether the counsel or the attornies, will take the pains honestly to work out any given measure to the best advantage of the public, or are likely to be capable of doing so. Hence it is that legislation must be brought down to the level of the meanest capacity, that there is no hope of success so long as any loop-hole is left for stupidity, or perverse ingenuity, or indolence still more perverse, to stumble or crawl through.

"Yet partial success is all that such a system can look for. It is in vain to attempt to foresee every difficulty; and the endeavour to provide for special cases, instead of relying upon general rules, must be fruitful in omissions."

Although perhaps a little overstated, there is much truth and good sense in all this. Some other legislative machine has become now absolutely necessary. Parliament may enact principles; but, as we all know, any act of Parliament worth having must be settled out of Parliament. The evil is admitted. We have a remedy suggested by an active-minded contemporary:

"There is but one method by which Parliament can hope to make any way against the swelling tide, and that is to simplify the process of legislation. Law reforms are not usually questions of principle, but of detail only; they are not to be settled in debate, but in committee; nor even in a committee of the whole

House, but by a select committee, in a small room, talking across a table. To such a tribunal they should be intrusted. Either House of Parliament should appoint a select committee at the commencement of each session, for the especial purpose of law reform, to whom all pro ects should be submitted for revision, and on their report it should be accepted, with a single debate and division, taken upon the principle only, or the question of its desirableness, leaving its details, if approved, to the scrutiny of the committee. This would enable Parliament to master at least five fold its present amount of law reform, and probably to keep pace with its progress, if not to despatch accumulated arrears.

"But even a better plan than this, if Parliament could be induced to part with so much of its power, would be for it to look to the Law Amendment Society for help, and, practically constituting it its select committee, accept from its hands such measures as it may suggest, with no other interference than one debate in each House upon the general question of the propriety of the proposed alteration, leaving the method of doing it to the Society, sending back to it, for systematic amendment, every bill in which an alteration of the design has been determined. Thus would all law reforms be brought as nearly to perfection as possible ; for,

"First, they would be suggested by a society of practical lawyers, and prepared by them.

Second, they would be reviewed by both Houses of Parliament with the single consideration whether they are desirable for the public, and if the general plan proposed be good.

"Third, whatever amendments are made would be referred back to the framers of the measure, to be introduced in a shape consistent with the whole measure, so that the contradictions and impracticabilities now produced by alterations in Committee would be avoided."1

We are not, with all our respect for the Law Amendment Society, quite prepared as yet for investing it with powers for superseding both Houses of Parliament; but we have thought it right to give the proposal, to show how much the necessity of the case is felt. And who will say that at some future time some similar idea may not be entertained? At present, supposing Parliament to be inclined to give up its jurisdiction, we entertain some doubt whether the Society would be quite ready and willing to assume it.

A committee was appointed last session by the House of

1 Law Times, 9th Dec. 1848.

Commons, to "consider the best means of promoting the dispatch of public business." They made many useful suggestions, but we are satisfied that if a Board were appointed for revising bills, and some application of the Cloture Remedy (which was first, as we believe, brought forward in this Review,) was forthwith adopted by the House, that at least half the evils that now exist would be remedied.

The desire for some union of the Inns of Court into a Law University appears to us to increase and to receive accessions of strength from unexpected quarters. It would seem that the attornies consider themselves aggrieved at being excluded from the Inns of Court, to which they were formerly admitted. We have long been of opinion that further measures for the legal education of all classes of the profession were not only necessary for itself, but essential to preserve the due respect and proper consideration of the public; and we shall be glad indeed if this moven ent on the part of so many influential persons shall create so great a pressure from without as to lead to the necessary changes from within

Codifications of the Criminal Law and the Law of Bankruptcy will, we believe, be introduced by Lord Brougham in the House of Lords at an early period of the Session, and it may be reasonably expected that both will become the law of the land.

A new Commission has been appointed to consider the subject of Church Leases and some other questions relating to Ecclesiastical Property. The Commissioners are, the Earl of Harrowby, the Dean of Canterbury, Mr. J. S. Lefevre, Rev. R. Jones, Mr. W. P. Wood, and Mr. R. B. Armstrong.

Mr. C. Pearson has called public attention, during the last month, to the great subject of Prison Discipline, by a series of lectures and discussions, the last of which takes place to-night. We anticipate results of much importance from this very interesting investigation.

66

The subject of law reporting and the mode of publication of law works" has been referred by the Law Amendment Society to a Special Committee (see post, 446.). We rejoice that this step has been taken, and we trust that the cooperation of all ranks of the profession may be secured to remedy the evils of the present system, which have been repeatedly exposed.

Hilary Term, Jan. 29. 1849.

NOTE TO ART. VI.

On French Jurisprudence.

It must on no account be supposed that we have nothing to say against the rest of the new Constitution of France, because our article is confined to its sins against all principle as well as all common honesty in regard to the all-important

18 L. R. 358.

subject of the judicial system. We believe that as Lord Brougham predicted, little or no attention has been paid to the Constituent Mob's labours; and now they are over, no one troubles himself about the merits of so purely experimental a work. It is matchless, in the absurdity of its principal arrangements—whereof let one example suffice by way of sample of truly deplorable fabric. The Assembly not only is of one single chamber, against the solemn warning of the best and wisest statesmen both here and in France, but it cannot be dissolved without an act of revolutionary violence, as long as it pleases to remain, until the three years expire; so that an oligarchy is actually created deliberately, and how odious soever its whole conduct may prove to all the country, and all the rulers and magistrates, nothing but violence can get rid of it. The present collection of paupers, greedy of retaining their pound a day, has already taken the hint, and sticks to its daily dole, certain of never again receiving it as deputies; it resists President, parties, leaders, aud a unanimous people, careless what happens, so its daily rations are retained.

PROCEEDINGS OF THE SOCIETY,

FOR

PROMOTING THE AMENDMENT OF THE LAW. [Continued from 9 L. R. 219.]

[Permission has been obtained to insert the Proceedings and a selection of the Reports of the Society for Promoting the Amendment of the Law, but the Society is not otherwise responsible for the contents of this Review.

GENERAL MEETING, Nov. 13. 1848.- Mr. Serjeant MANNING, Q. S., in the Chair.

The Minutes of the last Meeting (the 24th of July last) were read and confirmed.

The following Members were balloted for and elected:-J. Vandepont Drury, Esq., Shotover Park, Oxford; Wm. Shaen, Esq., Secretary to the Metropolitan and Provincial Law Association, 10,

Lincoln's Inn Fields; and Thomas Owen Morgan, Esq., Justice of the Peace, Barrister-at-Law, Aberystwyth, Cardiganshire.

It was resolved that a Committee be appointed "To consider the Law of Partnership, more especially with reference to the liabilities of Partners in Joint Stock Banks and other undertakings."

To consist of the following Members and all others willing to attend: - Mr. M. D. Hill, Q. C.; Mr. Headlam, M.P.; Mr. Commissioner Fane; Mr. Alderman Salomans; Mr. James Stewart; Mr. Symonds; Mr. Vansittart Neale; Dr. Shelton Mackenzie, and Mr. Thomas Henry Farrer.

The Report of the Committee on Equity on the following reference was presented.

"To consider the state of the Law respecting the confinement of persons alleged to be Lunatics."

It was agreed that the Report should be printed and further considered at the next Meeting.

[GENERAL MEETING, DEC. 11. 1848.-M. D. HILL, Esq., Q. C., in the Chair.

The Minutes of the last Meeting (the 13th of Nov. last), were read and confirmed.

Charles Okey, Esq., Consul to the British Embassy at Paris, was elected a Corresponding Member.

The Report of the Committee on Equity on the following references was further considered.

"To consider the state of the Law respecting the confinement of persons alleged to be Lunatics."

It was agreed that the Report should be taken into further consideration at a Special Meeting to be held on Thursday the 21st instant, at Eight o'clock in the evening precisely.

Adjourned accordingly.

GENERAL MEETING, DEC. 21. 1848. Mr. Serjeant MANNING, Q. S., in the Chair.

The Minutes of the last Meeting were read and confirmed.

The Report of the Committee on Equity on the Law relating to the confinement of persons alleged to be Lunatics was further considered.

It was agreed that the Report should be referred back to the Committee to reconsider the same, and make such amendments as they might think necessary.

Adjourned till Monday the 8th day of January, 1849, at eight o'clock in the evening precisely.