improvement. Accepting the doctrine of primogeniture and priority of males, and assuming that a distinction ought to exist between the devolution of real and personal property, there are but few points now to criticise or *complain of in the rules of descent. These we have noticed in dis[* 542] cussing the subject. Whether, however, that doctrine and the distinction in question will be allowed much longer to continue as the law of the land, seems to be matter of some doubt. There are many actively working to effect an entire assimilation of the law of real property as regards devolution on intestacy to that of personal property, and a bill to that effect has already been read a second time by the House of Commons. It does not fall within our province to discuss the merits of such an innovation. Another subject which has occupied a large portion of attention of the legislature, has been that of bankruptcy. Every attempt to place this part of our law upon a footing satisfactory to the community has hitherto failed, notwithstanding that the efforts of our greatest lawyers have been expended in the attempt. It would seem that now a sufficient harvest of experience has been reaped to enable a sound system to be developed; and moderate, if not sanguine, hopes may be entertained as to the success of the measure which this year received the sanction of the legislature. Amongst the many approaching changes which will be brought about after no distant interval of time, we may note that which will place almost one-half of the community for the first time upon a legal footing in respect of property. The hardship of married women possessing scarcely any rights of property is now being recognised, and will shortly cease to exist, or, at all events, be very greatly alleviated. Another change worthy of remark relates to the powers which are permitted to be exercised by aliens over property. We may shortly expect to see their present disabilities abolished. Glancing now for a few moments at the changes already made in the jurisdiction of our courts of equity: the simplification of procedure, the enlargement of powers, and tendency to assimilate the action of the court where *deficient in this respect to that of the common law courts, by adopt[* 543 ] ing what is useful of the other jurisdiction without losing any of the inherent powers which the court itself possesses-All these, we say, are and must be of great value. That the process of alteration and remodelling is very far from its termination is sufficiently apparent to those who have read the report recently issued by the Judicature Commission. It is, therefore, needless here further to dwell upon this subject. It will be seen throughout that a strong spirit of utilitarianism has pervaded the legislation of recent times. As far as possible to provide for the difficulties and obviate the dangers which experience has pointed out as occurring in practice, has been a principal object kept in view. Errors and misconceptions are found to repeat themselves: special desires and wants of a similar character occur under most various circumstances. Hence has arisen a system of legislation not directly founded upon the development of philosophical ideas of jurisprudence, but formed rather to meet the requirements of society as constituted at the present day. As instances of this we may note the various acts giving new or enlarged powers to the court of chancery for dealing with the administration of trust and settled estates and property held by several persons in undivided shares, and lord Cranworth's act, which declares that deeds of certain kinds shall be deemed to contain certain clauses, although no appearance of them is to be found within the language of the parties. Legislation of this kind is of great practical benefit, but it is subject to this remark, that, as it does not depend upon scientific principles of law but rather grows out of the ever-variable habits and customs of men, it will continually call for revision, so as to accord with new wants and new conditions as they arise in society. Many matters relating to trade besides the law of bankruptcy have, since the passing of the Reform Act, * A.D. 1832, engaged the attention of [* 544] the legislature; of such we can but specify the position of the Bank of England, and regulation of joint stock banks, of railway and other companies. The navigation laws have also been repealed, and the laws as to mercantile shipping have been consolidated; bills of lading and policies of insurance have been made more useful for mercantile purposes; the procedure on bills of exchange has been simplified; and the law of partnership has been amended. The usury laws, long since decried by philosophic jurists, have been abolished, and our postal system has been remodelled. Lastly, our criminal law has been consolidated and amended, the jurisdiction of justices of the peace to convict summarily has been enlarged, magisterial procedure has been codified, the law as to oaths and evidence has been much improved, and the scale of punishments, the apportioning of punishment to crime, and the methods of punishing delinquents, have been brought more into unison with existing refinement and humanity. May the great work of legal improvement still continue; may the obstacles which threaten to impede its progress disappear; and may one constant rule of right and justice be applied throughout the land! |