formed to as possi y way of suggestion for the consideration and of the House. In some stages of bills at presenting dments intended to be proposed are printed. In ases the amendments should be submitted to the ■d they should deal with them in the same way as bill. DOWN endent oard should have power to draw up rules as to ral requisites of all bills subject to the approval ouse, and these rules, when approved, should be n all framers of bills. For instance, rules might id down as to specifying the territorial extent of as to the manner of repeals, as to the user of expressions, and so forth. ember should be at liberty to require the Board soon lead to all bills brought in by independent members being framed by the Board; for such members would perceive that a bill so framed would in its framework and details come before the House with the sanction of the Board, and the principle and provisions of the bill would be all that remained for discussion. It is obvious that if such were the effect, there would be a great step gained towards uniformity in the language and provisions in all such Acts. Either House should be at liberty to direct the Board to frame any clauses to carry out any resolution that might have been adopted by the House, or to consider and report upon any subject the House might think fit to refer to it. Such appear to me to be the principal duties to be performed by the Board, and I cannot doubt that the Board, acting as the .counsellor and adviser of the House, in suggesting and pointing out the advantages of, or the objections to bills, and in aiding and rendering them as perfect as possible, would produce the most beneficial results. Their known experience and acquirements would induce independent members freely to resort to them for information and assistance, and their recommendations would carry with them all the weight to which they were entitled from the known ability and learning of the Board, and from their standing in a perfectly impartial position as the advisers of the Houses. Then it should be their duty to prepare a number of bills every year for the amendment of the Statute Law. These bills should be prepared on the plan I have pointed out as the best, and the Board might devote the time during which Parliament was not sitting to their preparation. A sufficient number should always be ready to be Introduced at the earliest period in each session, by which means no opportunity would be lost of passing them through Parliament. The Board should also keep its eyes on the proceedings of the Courts of Law and passing events of the day, and if cases were to occur which plainly called for any amendment of the law, they should have a bill ready as soon as Parliament met to apply the remedy. As to private bills, although the time of the Board would be too fully occupied to enable them to superintend the frame and wording of local or private bills, yet they might at least so far overlook such bills as to prevent the introduction of clauses which improperly affect the community at large. I am fully aware that to this plan some objections may be raised, and I cannot doubt that the foremost will be the large expense I propose. But let any one candidly consider the vast importance of causing all Acts of Parliament to be framed in the best possible manner, and let him reflect how much real benefit that would confer on the community at large, not merely in the improvement of the laws, but in the prevention of litigation; and then let him advert to the fact that we are paying much more than a hundred thousand a year for the mere printing of Parliamentary Papers, and I think reason will suggest to him that for such an object as is suggested such an expenditure is by no means extravagant. I own I should marvel at any man who would think the sum I propose too much in order to secure the best possible laws for a fourth part of the whole human race, which it seems are now subject to the rule of Queen Victoria ;* and I cannot but think that no talent or learning is too great to be applied to such an object; and sure I am that, unless persons possessing great talents and learning be employed and adequately remunerated, there is no reasonable hope of any great amendment in our legislation. It may be said, too, that in the great measures that excite strong parliamentary contests the interference of such a Board would not be possible; it seems to me, however, that the board might be very usefully employed in *This statement is from The Times of October, 5, 1861. properly framing the clauses adopted by the Houses; but supposing that in such special cases the Board were unable to do as much as in other cases, its benefit would still be very great in what it effected in those cases. Lastly, it may be said that members of neither House would like the interference of such a Board. My impression is the reverse. If the members were treated with courtesy and attention, and their proposals and objections candidly considered, and the bearings for and against them calmly stated, I cannot doubt but what the Board would find general favour and support; and my impression is that such discussions would lead to much fewer amendments being proposed, and much less opposition being raised in the Houses. At present a member often opposes a clause, or moves an amendment without fully perceiving its bearings, and it is but reasonable to suppose that a full explanation of them might, in some instances, prevent his raising the question in the House. Such, then, is the history of these Acts, and such are the observations that have occurred to me to make with respect to them, and the proper mode of framing Acts of Parliament. I can well suppose that the details I have made may appear to be tedious and dull; but should that be the case, it is hoped that the desire to present a correct statement of what has actually occurred may form an excuse, especially as no such statement can be found elsewhere. As to the observations on the mode of framing Acts of Parliament, some of them are so intimately connected with these Acts that they necessarily arose from a consideration of them, and the rest are the conclusions formed whilst considering these Acts and the bills framed under the Statute Law Commission, and I thought it might peradventure be useful to state what these conclusions were, as it might draw attention to points that might otherwise escape observation. Such then are these Acts. No one will ever know the difficulties with which I have had to contend, and the warmest advocates can desire. urs are now ended. Failing health and many iderations have led me to determine never ndertake any Government employment; and this in order that it may not be supposed that de any suggestion in this Introduction with a own personal interests. CHAS. S. GREAVES, 24 & 25 1861. 34 & 2 |