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Sais HOUSE OF COMMONS. rebration Tuesday, March 13.

- CRIMINAL LAWS CONSOLIDATION BILLS.] Mr. Secretary Peel rose, and addressed the House to the following effect:

liament; I have retained all those terms and legal designations which are allowed to be of importance; but, in rejecting some redundancies and repetitions, I have endeavoured to steer a middle course between the general verbosity of our English statutes, and the extreme brevity of the 260 I rise, Sir, to introduce certain bills French criminal code. This House has for consolidating and amending the laws always shown itself extremely jealous of in England, relative to Larceny and other laws so very summary in their enactments, offences. The bill I have now brought up as those of the French code; because they one of those bills at least-is for the necessarily devolve upon the judge who consolidation of some of the branches of administers them, a much greater discrethe statute and criminal law concerning tionary power than our own system protheft, Probably the House will allow fesses to do. In point of fact, Sir, nothing me to make a few observations, at this is gained by the adoption of extreme breopportunity, in answer to some questions vity in the framing of acts of parliament. which were put to me, by a noble lord I will venture to say, that the French have on a former night, on matters con- experienced this truth, from the extreme nected with these bills; which ques- brevity of their laws, and the circumstange tions I was not then prepared entirely of their enactments being couched in to answer. I beg to state, therefore, terms much too summary. The conse that the bills which I have to bring in this quence has been, that the gloss or com evening, are four in number. First of all, mentary of the learned lawyers of that here is a bill consolidating the whole of country, defining the meaning and scope the statute law of England, relating to of these summary terms, has already atthe crime of larceny and other offences tained an extent, which, in point of verconnected therewith; the second is a bill boseness and complexity, bids fair to rival for the consolidation of all the laws re- our own Statute-book. In the bills I have lating to malicious injuries committed on the honour of submitting to the House,, property; the third is a bill relating middle course has been steered between to the very important question of dama- the redundancy of our own legal enactges arising from accident, and the cases ments, and the conciseness of the French in which the law will enable parties, code. I do confidently hope, that when who sustain such damages, to recover a little further advance has been made in from the hundred; the fourth is a bill, the work of repealing many of our old Sir, which I have purposely kept distinct statutes, which should no longer be refrom the other three, and which will tained, and in the substitution of of new recite and repeal all the now existing ones in their place, the House will deter statutes, that, should these bills pass into mine to take into its consideration the a law, will become unnecessary. The general state of the whole Statute-book; effect of these enactments, supposing they when, I am convinced, it will find a vast should meet the sanction of the legislature, number of old or defective statutes, which will be to remove, altogether, from the it might determine to expunge, while it Statute-book no less than one hundred could retain those only which it may be and thirty statutes. And I have the satis- absolutely necessary to preserve, faction of stating, that, notwithstanding effect of such a proceeding would be the repeal of so many acts of parliament, evinced in many valuable and beneficial now forming part of the criminal law of results. I think there ought to be a com England, the whole of the statute laws in mission to ascertain what statutes at pr this consolidated form-those, I mean, sent remain in force, and what from their respecting the crime of theft-will be obsoleteness, or the fact of their being no comprised within twenty-nine pages [hear]. longer applicable to the circumstances In effecting this reduction in the bulk of the age, might be entirely dispensed and number of the statutes, I have made with, or preserved only for the future in no rash experiments as to the language of spection of the curious. Some statutes the enactments I propose to substitute in like those of Magna Charta, for example their stead. I have adhered, very closely, will always be retained, and treated, f to the phraseology of those acts of par- course, with the respect and gratitude that

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are due to them. But others, though of great antiquity, are of such a character, that it would be exceedingly expedient to get rid of them alm I am confident, that the fact of my being able to repeal by these bills, one hundred and thirty statutes, and to compress all that it is necessary to retain of them, or to substitute for them, into twenty-nine pages, will ultimately tend to an immense reduction in the bulk of our Statute-book.I omitted to state, on a former occasion, some alterations, or, if the House will permit me to designate them by such a name, some improvements, which I have introduced into one of these bills-that which regards the offence of Larceny. The amendments I propose will have the effect, as the House will see, of reducing the number of capital punishments by law. Under the law of burglary, as it stands at present, if the burglary be committed in any out-house, which forms part of the frontage, that is part of that which, in law, is entitled an outer-fence, the burglary is a capital offence. If it be committed in the stable or the dairy, or within that which, in the old language of the law is called "curtilage," the burglar is placed in the same situation. I venture to believe, however, that no person who maturely considers this subject would advise that a burglary, consisting of the breaking into 'a cow-house, or stable, or dairy, should be visited with a severity equal to that which

perty has been so obtained under false pretences, which shall visit the offender with an adequate punishment. For example, you shall charge a person who has procured some valuable goods under false pretences with a misdemeanour; and his offence will immediately be, that he has committed a felony: so that he will plead the greater offence, because, in this case, the punishment is less, or the conviction more difficult. Such was the state of our statute law, at present, that this anomaly absolutely existed in it. If a purchaser, under a false and fraudulent pretence of purchase, get possession of property, he is indicted for a misdemeanour; if he be indicted for getting possession of such property, under pretence of hiring, that is larceny. If he be indicted for this offence, upon a case, where it appears that he got possession of the property before the negotiation for the purchase was completed, his offence is larceny. But if the purchaser under false pretences be not tried until after he has got absolute possession of the property, then the English law charges his offence as a misdemeanour; so that if he gets possesgets boues sion absolutely, his offence is misdemea nour; or if he hath obtained either a temporary or partial possession only, it is felony; and, as you cannot indict him both for the felony and misdemeanour at once, you are subject to be defeated, even in the clearest case, in your attempt to ataud, this species of offence, under more aggra- obtain a conviction against him, on an invated circumstances as in the case of dictment either for the one offence or the breaking into a dwelling-house-is subject other. This is especially true, if to. I propose, therefore, that burglary, charge him with the misdemeanor. by breaking into a stable, or even into an you cannot prove against him the “animus out-house, shall not be included in the furandi," at certain periods of the transclass of burglaries, for which capital pu- action, you cannot convict him at all; nishment shall be assigned by the law; he pleads to the felony, and your aim is unless in cases where there shall be some defeated. Now, the object of the man in communication between the actual dwell- either case being the same-namely, to ing and that part of the premises which cheat; common sense prescribes the shall have been broken into, by a covered object of the law, which should be, in passage, or a window, common to both of either case, to restrain and punish him. them. Another important alteration I It can hardly be contended, that that is a have suggested, for the purpose of reme- sound state of law in which, if you hold a dying a great defect which exists in the man guilty of a misdemeanour, he shall law of England, as it at present stands, in be liable to punishment; if guilty of fe respect to offences against property, com- lony, you shall be unable, in effect, to mitted under false pretences. Nothing punish him. The noble lord, the member can be imagined more ineffectual than the for Northamptonshire, asked me a queslaw in relation to the to crimes of this nature; and nothing Malicious Trespass act. That, of course, more hopeless, I may add, than the at-like many other laws relating to offences tempt to obtain a conviction, where pro- against property, I have made such e such a

of England at present is, with respect tion the other night.e

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alteration in, as I take to be improve- or malicious injury committed this dayments; for, while I have thought it in-two days hence the existing ng act gives the cumbent upon me, and of great conse-power to arrest without warrant. Now, quence, to retain all that was valuable in I propose to take away the power of this that law, I have ventured, at the same arrest without warrant, under this act time, to make some amendments in it. generally, and to limit it to those inThe Malicious Trespass act was brought stances wherein the offender is caught in in, as the House is aware, four or five the fact. These, Sir, are the alterations years ago, and enables the magistrate to I have made in the Malicious Trespass convict the offender summarily, in the act. Then there are the laws relating to penalty of 5., if the injury done amount summary jurisdiction. Some of these im to that sum; and upon non-payment of pose a maximum, and others a minimum the penalty, the magistrate is empowered of penalty, at the discretion of the magis to commit to prison, for a period not ex-trate; under others, the magistrate has ceeding three months. I propose to retain no discretion as to imposing any minimum the sum which gives the jurisdiction, of fine, according to the extenuating cir namely, to limit the operation of the cumstances of the case, but must assign penalty to cases where the injury done precisely that which is mentioned in the amounts to no more than 51. This law, act. Now, I propose, in all cases, under as I said before, in its present state, these laws, to fix the maximum, but enacts, that, in default of payment of the never to do so as to the minimum, of pe penalty imposed, the offender shall be held nalty; so that, if it shall satisfactorily liable to a term of imprisonment not exceed- appear in any case, that the party had ing three months. Now this, I think, is no malicious intention in the damage a very inexpedient enactment. I propose which he may have committed, the ma to carry the same principle into my amend-gistrate may be at liberty to dismiss him ment of this law, as I have carried into instantly. At present, the power of im the other improvements I have mentioned; prisonment, in the event of inability to providing that the amount of the term of pay the enacted fine, was too extensive. imprisonment shall bear some proportion I have attempted to regulate the to the amount of the fine. With refer- tion of imprisonment, according to ence to the objects of this act, I consider, nature and amount of the damage done. for example, imprisonment for the space And as cases of malicious injury to pro of ten days, equal to a fine of 17. Sup-perty, and other injuries of the same kind, pose the damage, therefore, proved in any admit of compensation, the party dammi case, under this act, to amount to 17., Ified, as the law stands, is to receive an propose, instead of an imprisonment for three months, to imprison for ten days; if the damage done amount to 21. then imprisonment for twenty days. The reresult of this alteration will be, that instead of the magistrates having a power to sentence for three months, the maximum of the term of imprisonment, that maximum will be fifty days. I beg particularly to observe, that I propose to exclude from the scope and operation of this act, all offences of every kind which may be considered as offences under the game laws. At present, in the case of damage done in the pursuit of game, the magistrate has the power to commit summarily under the game laws. out of the Malicious Trespass act every such case. At present, the party injured has the power of apprehending summarily, without a warrant, the offender who has maliciously injured his property; that is, I should rather say, in the case of wanton

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amount equivalent to the loss sustained by reason of the actual injury committed upon his property, as satisfaction to him; and the magistrate has the power to inflict an additional penalty on the offender, as a satisfaction to public justice. Having already, on a former evening, stated to the House the general principles es on which the other measure I now introduce, are founded, I do not feel it necessary on the present occasion, to enter upon any ther statement of them. As I believe that there exists no intention to oppose the second reading of these bills at pre sent, I shall be much obliged if the House will permit them to pass, pro forma, I propose to leave that stage, and to the committee, merely to allow me in the mean while, time to fill up the blanks that occur. My solė object, I can assure the House is, that they may come before it, when in com mittee, in such a shape, as to give hon members the best means of forming a co

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MARCH 13, 1827.

Criminal Laws Consolidation Bills. 1162 Eybauls baimnie rect view of their enactments: and, most to Ireland. The machinery of the law assuredly, if it be desired to offer any ob- was the same in both countries. There jections to them, I shall be most happy were judges and juries, and courts of to afford every opportunity for their dis-assize in one country as well as in cussion, and to offer every explanation in other; and he was anxious to learn from my power. the right hon. Secretary what were the reasons that rendered these bills applicable and useful in England and inapplicable in Ireland.

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include Ireland, he must forego the intention of passing these bills this session He understood that a bill for consolidating the law relating to Larceny in Ireland was in a forward state of preparation.

Sir J. Newport expressed his surprise that the bills introduced by the right hon. Secretary, which were found so beneficial for England, had not been extended to Mr. Secretary Peel assured the hon. Ireland. He thought the whole United member that there was no disposition on Kingdom ought to have the benefit of the his part to withhold these bills from Ireimprovements made in the law; but un-land; but he thought it would be well to fortunately, whenever any good measure try the effect of them in England, and if was devised for England, it was not for they worked well, then to extend them to after extended to Ireland. Ireland. As far as the jury bill had been Mr. Secretary Peel said, that there tried, it had produced the most satisfacwere circumstances of difference in the tory effects. The bills were drawn up law of the two countries, which rendered with particular reference to the law in this it impracticable for him at present to in-country; and, if he was required now to clude Ireland in the bills introduced by him. He understood, however, that bills, embracing the principle of his bills, were in preparation by his right hon. friend, the Secretary for Ireland. He was here desirous of supplying an omission. It was Mr. Spring Rice said, he was glad to to make a public acknowledgment of the see the reform of the criminal law in the great services he had received from Mr. hands of the right hon. Secretary, who Hobhouse the under-secretary, who had had the disposition as well as the power afforded him most important and valuable to carry his intentions into effect. The assistance. He had a similar acknow- reform in which he was engaged, was one ledgment to make for the valuable assist-approved of and recommended by himself ance afforded him by Mr. Gregson, a gen- and by gentlemen on his side of the tleman universally esteemed by the pro- House, but they had not the means, as fession of which he was an ornament. the right hon. Secretary had, to act upon Indeed, he had found a disposition to as-their recommendation. He wished to see gist him, in clearing the law of its ob- English principles and English law intro1 scurities and perplexities, from the judges duced into Ireland, and did not think down to the humblest practitioner, which there should be one set of rules for the reflected great credit on all classes of the Irish and another for the English magislegal profession. tracy. He would recommend his right hon. friend (sir J. Newport), who first called the attention of government to this subject, to move for the appointment of a committee, to inquire into the state of criminal law in Ireland, to ascertain what statutes were unrepealed, which contained enactments not to be found in any of the three or four bills introduced by the right hon. Secretary; and to simplify the criminal law in Ireland, by making it as conformable to the provisions of these bills as was possible.

Mr. A. Dawson approved highly of the bills of the right hon. Secretary. They reflected great honour on him. His services might be compared with those which were rendered under the reign of Justitian, in the formation of a criminal code by the eminent lawyers, and statesmen of his time. The gentlemen who assisted the right hon. Secretary were also entitled to great praise; but he could not forbear thinking, that the right hon. gentleman might easily find three or four Irish gentlemen equally competent and equally ready to afford their gratuitous services in introducing these bills into Ireland, or in preparing similar bills for that country. He He was at a loss to know what reason there was to prevent the extension of them

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Mr. Shadwell said, that the course taken by the right hon. gentleman was pursuant to the practice which had been heretofore adopted; and was the only proper course. A law might be perfect for England, but, at the same time, owing