ART. XV.-THE LAW AMENDMENT SOCIETY: ITS PROGRESS AND PROSPECTS.

Reports and Papers of the Society for promoting the Amendment of the Law. Printed by Spottiswoodes and Shaw, and sold at the Office of the Society, 21 Regent Street: 1844-1852.

In the earliest days of the Law Amendment Society, when one of its most zealous promoters was speculating on its chances of success, and complaining of the slowness of the Public to appreciate its advantages, he was thus consoled by the friend to whom he thus confided his fears, the late Master Duckworth, a sound Law reformer, and a worthy man: "Wait a little, my dear S; don't be impatient. Nothing worth having is done in a hurry, especially no Law reform. The first symptom of your having made any way, will be when people begin to say, 'Law Amendment Society! What is that confounded Law Amendment Society?"" This point of progress we think has now been reached. People are beginning to ask "What is this Law Amendment Society?" and as we have the means before us of answering this question, and, as one of its off-shoots, feel it our bounden duty to render it suit and such service as we can, we shall endeavour to state shortly its origin and history, and to inquire, not only in what way it has already assisted the cause of Law Reform, but where, as it appears to us, it may become an instrument of much general usefulness.

The London Society is now, although founded only in the year 1844, successful. It has become one of the Institutions of the Land. Its plan is adopted by other towns and countries; but it will be found, as in most other examples of success, that a variety of circumstances combined to secure it. The difficulties in the way of its formation it must be admitted were considerable.

The Society, in the first place, invited the Profession of the Law to reform itself; to use the skill and knowledge which

its members had acquired, for the benefit of the Public; and not only to do this, gaining no tangible benefit to themselves, but possibly to their immediate injury. It invited the lawyers so far to forget all past traditions and existing practices; and not only to work for no pay, but at a possible loss; nay, if some persons were to be believed, to follow the road which led to the destruction of the whole craft. The Society said to the Profession, "You know the Law, you have been bred up in its mysteries, you can step within the wheels of this complicated piece of machinery without injury; you know how to use its powers; employ this knowledge for the benefit of the Public: without your help, they dare not approach it; with some, it is an Idol; with others, a Demon; with all a Terror; its high priests can alone know how to render it a blessing. Do this, although you diminish or even entirely sacrifice the offerings to the shrine.”

But the Society addressed at the same time the Public: "You are in want of Law-it is a necessity; we have invited the lawyers to reform it, but they may be at fault, they may be prejudiced and narrow-minded, come and assist them in amending it, or, at all events, tell them what you want."

How this appeal was answered may be seen by the list of members of the Society which is usually to be found annexed to the advertisements of this Review. The Society already comprises not only many eminent lawyers (among whom we are particularly glad to see most of the rising young men), but many leading statesmen and merchants, and its ranks are receiving constant accessions.

66

Let us see then what this Society has done, and what it has attempted; for the attempt, it should be remembered, is worth something. The mere name of a SOCIETY TO AMEND THE LAW" has its use. It argues forcibly that the Law requires amendment. Inquiry is stimulated, and a rallying point is found for those who are disposed to investigate the needful reforms. Inquiry may thus take place, but inquiry only; a foundation may thus be laid for legislative action or interference; or so far as any evil can be corrected by the force of argument and public opinion, these may be brought to bear upon any proved abuse or evil; but otherwise nothing

can be done. The proceeding therefore is safe and cautious, even where it obtains the complete sanction of the Society; but before this can be obtained, much preliminary investigation must take place before one of the Committees of the Society. These are either Standing Committees, appointed to consider some particular branch of the Law, as Equity, the Law of Property, &c., or Special Committees, to whom some particular subject is delegated by the Council or the Society.

These Committees have one great advantage; not only are they selected with a view of collecting together the members of the Society the best qualified to assist in the particular inquiry, but they are practically open to any member of the Society disposed to give any information or opinion respecting the subject before the Committee. The Report is then laid before the Society, and usually printed; and is then made the subject of discussion on a future evening, when it is received, and in this modified form, and in this only, is the sanction of the Society given to it.

The right line is thus drawn between a purely scientific subject and the obtaining a practical object. Errors are likely to be corrected, and it has not unfrequently happened that a Report has been referred back to the Committee with some special instructions. A subject is not only thoroughly sifted and investigated, but is exposed to considerable and discriminating criticism from many persons; and we are not surprised that in many instances it has been found that the Reports of these Committees have proved far more searching and valuable than the Reports of Commissioners appointed with more pretension and formality by the Government. This we shall see when we state the results of the labours of some of these Committees.

The Society has been chiefly engaged in recommending and supervising specific improvements in, I. The Drawing and Revising Acts of Parliament. II. The Procedure of our Superior Courts which has more recently included Plans for the fusion of Law and Equity Jurisdictions. III. The facilitating the Transfer of Land, and with this view the establishment of an efficient system of Registration of Titles, and the

simplification of the Law of Real Property. IV. The Improvement of the system of Legal Education, the formation of a Law School; and with this view the reform of the Inns of Court. V. The modification of the present Law of Partnership. VI. The improvement of the relation between Landlord and Tenant. VII. The Enfranchisement of Copy holds. VIII. The readjustment of the relations between the Barrister and the Attorney, with a view to the advantage of the Client. IX. A better and more scientific mode of promulgating the Unwritten Law, and thus the improvement of Law Reports and Legal Publications. X. The Improvement of the Treatment of Lunatics, and better mode of ascertaining the fact of Lunacy, and disposing of the property of the Lunatic when the fact is ascertained.3 XI. A better and cheaper Procedure as to Divorce; thus extending that remedy to the poor as well as to the rich. XII. The proper adjustment of the Expense of our Judicial Establishment.5 XIII. The treatment of Juvenile Offenders, and the whole subject of Reformatory Punishment. XIV. The Reform of the Law as to Evidence, and the admission of Parties as Witnesses.7

These are some of the subjects which have engaged the attention of the Society. The list is sufficiently extensive, and in all of them progress has been made. In some, the desired change has already been effected.

We shall notice particularly some of these heads.

I. THE DRAWING AND REVISING ACTS OF PARLIAMENT. There are, probably, few subjects connected with the Amendment of the Law, in which all persons, judicial or others, so heartily agree as in this. It has been often shown, that

7 L. R. 79.

1 See Report, printed 7 L. R. 373. 2 See Report, printed 10 L. R. 397. 3 See Report, printed 9 L. R. 313. 4 See Report, printed 8 L. R. 347. 5 See Report, printed 7 L. R. 361. See Report, printed 5 L. R. 375.; 7 See Report, printed 8 L. R. 353. The important Act for admitting the evidence of parties-14 & 15 Vict. 99..—was expressly founded on this Report. Before attempting to have the Act passed, the Society took the evidence of the County Court Judges as to the manner in which the admission of this kind of evidence in these Courts had worked. These Judges, with one exception, gave testimony in favour of the change. See the answers given, 13 L. R. 395.

there is no necessary precaution taken to ensure the ordinary accuracy of a bill in Parliament. If it involves no job or question relating to party politics, it may pass both Houses without any one knowing or caring any thing about it. There is no attempt at revision or supervision any where. If, on the other hand, it excites attention, the Committee is usually the stage at which the fight takes place; and here it is liable to be cut and carved at the discretion of any member disposed to suggest an amendment. These amendments are often thrust in wholesale in one House, and amendments made on them in the other, and the bill which passes entirely differs from the bill as introduced. If Parliament were willing to have its wishes put into concise and intelligible language at some time and place more adapted for this work than a Committee of the whole House, Public Acts of Parliament might at all events be as well drawn and intelligible as Private Acts, and we should be spared those allusions, which we so frequently hear, from the Bench, as to "crude measures," and "hasty legislation," which are now the too frequent theme of learned Judges after each Session has left its quarto annual for their amusement and edification. The Society made its first Report on this subject 2 recommending the appointment of Parliamentary officers to revise Public Bills.3

This proposal left a wide discretion in the proper authorities; but it may be suggested that at a time when the office of clerk of the Parliament, the chief clerk of the House of Commons, and the chief adviser of the Cabinet in legislative affairs are so filled as they now are by Mr. John S. Lefevre, Sir Denis Le Marchant, and Mr. Coulson, Q. C., ample means are readily available at all events for superintendence and direction of the highest character.

II. IMPROVING THE PROCEDURE OF THE SUPERIOR COURTS. The procedure of the Superior Courts has, from its commencement, engaged the attention, and taxed the utmost powers of the Society. The Committee on Equity,

See antè, Art. V.

2 Printed 1 L. R. 134.

3 See the reasons stated for a different plan, antè Art. V. p. 310, et seq.