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Commerce; J. A. Turner, and M. Ross, Manchester Commercial Association; B. Oliveira, M.P., R. Ingham, M.P., W. Brown, M.P., W. Frewen, M.P., J. Heywood, M.P., P. Urquhart, M.P., E. Wise, H. Ayres, J. Crawford, E. Aston, S. Ayrton, E. Lee, C. Ratcliff, A. Sperling, and Leone Levi.

"The Earl of Harrowby, in a lucid and comprehensive address, detailed to his Lordship the defects which at present exist in the mercantile laws of the three kingdoms, arising both from the scattered and disconnected state in which they are found, and from the dissimilarity between the law of England, Ireland, and Scotland. He alluded to the character of the Conference, which comprised deputations from every town of importance, and to the united expression of the mercantile and legal classes as to the importance of having a well-digested system of Mercantile Law for the whole of the three kingdoms. His Lordship further alluded to the importance of improving the administration of Mercantile Law by affording means for speedy justice, and also to the extension of the jurisdiction of County Courts into Scotland.

“Mr. Ewart, M.P., bore testimony to the desire which extensively prevails in Scotland, that the mercantile laws of the three kingdoms should be assimilated.

"Mr. Fagan, M.P., concurred on the part of Ireland in all that had been stated with respect to the sister kingdom.

"The Earl of Derby listened with his usual attention and courtesy, and then stated that the subject was unquestionably of great importance, and the attendance of such a number of persons from all parts of the three countries showed the interest the commercial classes took in it; that he would certainly submit the matter to his colleagues, and give it full consideration; and that he did not, for his own part, see any insuperable difficulty in the way of such a commission; but it was a question upon which, without consulting his colleagues, it would be impossible to give a decisive opinion.

"The deputation then retired."

We have reason to believe that the Commission would have been granted by the Government of the Earl of Derby if it had remained in office. The subject of the Conference has been repeatedly alluded to in Parliament, both directly and incidentally, and the benefits to be derived from it are at once so obvious and so attainable as to receive a concurrence almost universal. We believe that the Government of the

Earl of Aberdeen will not be behind that of its predecessors in meeting the wishes of the country, and it is highly probable that they will anticipate any movement on the part of the Society by issuing a Commission. If not, it will be the duty of the Society to call together the Committee appointed under the seventh resolution, and proceed to make the proper representations to the Earl of Aberdeen, and to take such other steps as may be advisable.

Thus then, a most important undertaking has been most auspiciously commenced, and we have no hesitation in saying, that if prudently and cautiously, but boldly and energetically conducted, the object will be shortly accomplished; and the Commercial Law of the three kingdoms will be assimilated and greatly improved.

It is important, however, to keep in view what is attainable and what is not. The mode of safely and successfully conducting any great reform, is to ascertain the time when the country and the general feeling of the classes to be affected are sufficiently well informed to listen willingly to a change. With respect to the legal and commercial classes, and their representatives in Parliament, the Conference has sufficiently established the fact, that so far from being startled or disinclined to an assimilation of Commercial Law, they earnestly desire it on the principles laid down by the resolutions thus unanimously agreed to. But by far the greater number of persons then collected, would have rejected any attempt to assimilate the Commercial Law of Europe, and many would turn from the idea almost with aversion, as a Quixotic and impracticable dream. It should therefore be stated distinctly, that the project of the Law Amendment Society is the assimilation of the Commercial Law of England, Ireland, and Scotland, and it is right, clearly to call attention to this, because this proposal arose from the deliberations of a Committee appointed by that Society to consider the subject of an International Code, as will be seen by one or two brief extracts from the Minutes of that Committee.

"Minutes of a Meeting of the Committee for promoting the formation of an International Code of Commerce, held in the rooms

of the Society for promoting the Amendment of the Law, on the 16th June, 1851.

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"Present: The Right Hon. the Earl of Harrowby; Mr. Commissioner Fane; Robert Lowe, Esq.; James Stewart, Esq.; William Hawes, Esq.; John Gilmour, Esq. The Right Hon. the Earl of Harrowby in the Chair.

"The Minutes of the last Meeting were read and approved of. "The chairman stated, that in pursuance of the resolutions of last Meeting, he had communicated with Thomas Baring, Esq. M.P., as to calling a meeting in the City: and that the opinion of Mr. Baring, as well as those of some other gentlemen of mercantile eminence, were, that there is not yet sufficient encouragement to call a public meeting in the City for the carrying out the object in view.

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"The Meeting, on the motion of Mr. Hawes, appointed a SubCommittee, to draw up a Circular to merchants of foreign countries in order to ascertain in what respect diversities in the commercial laws and customs of different countries, interfere with or obstruct the just settlement of their transactions.

"The Meeting, on the motion of Mr. Stewart, also appointed a Sub-Committee for considering in what respects the law of England and Scotland can be advantageously assimilated, and to report as to the means by which it can be accomplished.

"The two Sub-Committees to consist of the following members of this Committee: The Right Hon. the Earl of Harrowby; Mr. Commissioner Fane; Robert Lowe, Esq.; James Stewart, Esq.; William Hawes, Esq.; Frederic Hill, Esq.; John Gilmour, Esq.; with power to add to their number.

"Minutes of a Meeting of the Committee for promoting the formation of an International Code of Commerce held in the rooms of the Society for promoting the Amendment of the Law, on Wednesday the 9th July, 1851. The Right Hon. the Earl of Harrow by in the Chair.

"The subject of the reference made to a Sub-Committee at last Meeting to ascertain from merchants of foreign countries in what respect diversities in the laws of different countries interfere with or obstruct the just settlement of their transactions, was fully discussed and recommended.

"Mr. Stewart, on the part of the Sub-Committee for considering in what respects the law of England and Scotland can be advantageously assimilated, reported, that the Secretary had prepared a statement of the points in which the laws of the two countries differ

upon the contract of the sale of goods, embracing such additional information as seemed to him necessary for enabling the Committee to form an opinion upon the question whether the English or Scottish rule should be adopted, and under what modifications, as the laws of the United Kingdom. The Meeting refer the statement so prepared to the consideration of the Sub-Committee, and request the Secretary to proceed with similar statements of the other points of difference which exist in other branches of the commercial laws of the two countries."

This, indeed, should be the motto of the Society, to prove all things, and "hold fast that which is good." A true adherence to this rule is all the difference between undertaking the prosecution of an idea which will gain acceptance with all reasonable and right-thinking men, and pursuing a shadow, not only profitless in itself, but which misemploys time and energies, which might otherwise be useful. This distinction seems to have been soon drawn by the Law Amendment Committee.

These resolutions led to the visit to Scotland in the autumn of 1851 by Mr. James Stewart and Mr. Gilmour, of which we have already given some account', and to the formation of the Law Amendment Societies of Edinburgh and Glasgow, and meetings in other parts of Scotland, with the express object of assimilating the Commercial Law: and to the letter of the former Society, which led immediately to the late Conference. We shall watch further proceedings on this subject with the greatest interest, nor do we doubt that we shall, probably, before another Number, have satisfactory results. to communicate.

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No. II. 2-THE INCLOSURE ACTS.

WE have indulged ourselves in much speculation with respect to Conveyancing Reform, as well in this present Number as

1

See 15 L. R. p. 204. Nov. 1851, Art. "Law Amendment in Scotland," and antè, p. 205. 2 See 15 L. R. Art. I.

throughout the course of this work; and we shall continue this course, being persuaded that however desirable, changes in the law of property cannot be too much discussed previous to their coming into operation, in order clearly to ascertain their true grounds and correct limits. We wish, however, to pay some attention to the alterations in the law of property which have been recently effected by divers statutes, which will be found to be by no means unimportant or without use, as well in themselves, as helping us to obtain others of a wider scope.1

By

General Objects of the Inclosure Acts.--With this view we devoted considerable space to the Act of last Session, which provides for the Compulsory Enfranchisement of Copyholds, and we now propose to bring under the notice of our readers the series of Inclosure Acts, which close with an Act of the same Session', and under which a most useful change has been worked and is working in the rural districts. means of these Acts land has been drained, planted, and brought into cultivation; churches, schools, and cemeteries have been erected, village greens enlarged and secured; the exercise and recreation of the labouring poor promoted and protected; a large extent of land reclaimed and brought into cultivation, and a great reduction of poor rates effected by the employment of the agricultural population. The inclosures thus effected, while they provide for all public interests connected with the health, comfort, and innocent enjoyment of the poorer classes, add greatly to the true wealth of the country, and are so managed as to benefit all interested, with injury to none. We hold, indeed, this series of legislative improvements to be as valuable as any that this century has produced, not unfertile in useful Acts; and we hope to see the principles and practice which are there established, and the ready dealing with land, extended and brought into wider operation.

Let us then proceed to the consideration of the series of Acts which began with the Act 8 and 9 Vict. cap. c. 118., which Act, according to the practice of modern legislation,

1 See 15 L. R. 1.

15 & 16 Vict. c. 79.

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