INTRODUCTION. Considerations on the Expediency, Policy, and Feasibility, of a Consolidation, and Systematic Arrangement of the Statute Law: with a view to its gradual Improvement. THE attention which has been paid to Style and Composition, has seldom been owing to disinterested exertion; and as well in this, as in every other department of Science and Art, self-love has been the exciting cause of rousing the attention and industry of mankind. Legislation, though the most important, is with us, perhaps, the only branch of composition, in which the influence of this cause has not been felt. Our Statutes are framed, not by particular individuals, but by a fluctuating body; and their merit and demerit, therefore, are ascribable, not to this person or that, but to an undistinguishable mass. And whilst in every other branch of composition, the desire to be approved by others has prompted the study of communicating our thoughts with most advantage, and expressing our conceptions with the greatest propriety; from the want of this cause, our mode of legislating (for to the manner only are objections made) has continued in its original imperfect state. A Revision of the Statute Book, in the way of Consolidation and Systematic Arrangement, was contemplated so early as the Reign of James the First, and has been sanctioned by the most eminent Lawyers of their time. The House of Commons, in their treaty, with his Majesty, for the Abolition of the Court of Wards, proposed a consolidation, that thereby "All such enactments as are profitable concerning one matter, may be reduced into one Statute."-" For," says Lord Coke, upon another occasion, "as they now stand, it will require great pains in reading over all, great attention in observing, and greater judgment in discerning upon consideration of the whole, what the law is in any one particular point." Lord STANHOPE's motion, in 1816, was the last occasion of stirring this matter. His Lordship seems, from Mr. HORNER'S reported speech, to have had only a general impression of the necessity of some revision, without any distinct notion as to what that revision should be, and still less as to the mode of attaining it. Mr. HORNER observed, that "no definite plan had been proposed; and that he was at a loss to know what it was intended to do." And it is owing, perhaps, to the want of some plan, by which a consolidation may be accomplished with comparative ease and safety, that it has never yet been attempted. The difficulty is, to obtain a clear comprehensive view of the result of multifarious enactments; and the danger, that, scattered as they are, some may be overlooked. Upon the supposition that the Plan, which will hereafter be proposed, will obviate these objections, are founded its claims to a favourable notice.* On the occasion alluded to, Mr. HORNER further remarked, that "if it was intended merely to frame an Index to the Statute Book, or arrange the Acts without altering them in Form or Letter, it would be much better to leave any work of that kind to the industry and skill of individuals. The demand for such works would always be sufficient, to induce men of adequate talent to undertake them; and the labour was not beyond the compass of one man's abilities." * It must be obvious to every person of common sense, who considers this matter with the most ordinary measure of attention, that no plan, or any thing approaching to a plan, has ever yet been advanced. Had Lord BACON, Sir FRANCIS BACON, or any other of the great men who have written upon the subject, thrown out even the most general rules for taking one single step in this arduous task, it would have been a difficult matter, in any subsequent projector, to have established, with knowing people, his claim to originality. To unfold to a greater extent that prospect which another has opened up, is a merit of quite a secondary order. And as the most simple operations appear insurmountable to those, to whom the means of accomplishing them are unknown; it is evident, that the question of consolidating the Statutes, is now for the first time to be fairly dealt with. |