30 MAY 1857, Page 11

tritug to t4r (Rita

CONSOLIDATION OF THE LAW.

visiona, the following enumeration will probably suffice—

by making each head the subject of a separate enactment, those that remain that it may well supply a basis for the proceeding desired. Omitting, for the second table, the five remaining commandments may be taken as respectively. prohibiting offencea of the following claws.

plete, is yet so comprehensive, and approaches so nearly to completeness, present, the first table of the Mosaic Deealogue, and the last section of the but usually designated as "criminal law."

elase(fication of ofetaces ; degrees of guilt and punishment; and procedure. and most simple code on record a ground-plan, Which, if not absolutely com(if any) may with comparative ease be then treated in a similar manner. to offer a few plain suggestions on the consolidation of what is unhappily of learning, perhaps you will permit one who is neither a lawyer nor learned

II. _Degrees of Guilt and Punishment. For the former of these gulxli

(1. Error •

I. ClassVcation of °fences. I or this there may be found in the oldest The main divisions into which the subject separates itself are three,— Sin—As the great lawyers seem to be perplexed, from their very excess 1. The fifth prohibits offences against lawful authority.

en the offences falling under these several heads have been exhausted, The ninth, offences against truth. The eighth, offences against probity. The sixth, offences against security of life or property.

The seventh, offences against chastity. London, 201h May 1857.

(2. Misdemeanour; Each being subject to modification, if the offence 3. Transgression ; be attended, on the one hand with extenuating, 4. Felony ; or on the other with aggravating circumstances. Treason. •

Of Punishments, under the second subdivision, it is impossible at present to do more than draw up a mere list ; but with such a list always before him, it will not be difficult for a practical legislator, when dealing with each class of offence Lee both to define clearly and self-consistently the degree of guilt which shall attach to any particular act, and to assign thereto its appropriate punishment.

' (1.) Personal recognizances, or responsible sureties, for appearance when called on good behaviour, keeping the peace, &e.

(2.) Pecuniary fine. (3.) Detention in custody, ward, reformatory, asylum, house of correction, brideweli, penitentiary, prison, gaol, hulk. Restricted allowance of food, coarse in quality, small in quantity.

Compulsory non-employment, solitude, silence, darkness,

Industrial employment, labour, hard labour. Disgraceful dress; irons, light, double, heavy. Exposure in stocks ; whipping, private, public; Branding. Banishment, transportation penal servitude. Outlawry, disability, disfranchisement, infamy, civil death, attain (12.) Forfeiture of goods, of land, of expectancies. (13.) Compulsory registration of domicile ; surveillance with or without ticket-of-leave, with or without conditional pardon.

Death (14.) Deaby hanging, beheading.

(16.) Disgraceful burial, dissection.

III. Under the title of Proem.° are comprised three subdivisions, relating respectively—(1) to apprehension and committal ; (2) to trial and conviction; (3) to execution of sentence.

The first embraces the powers and duties of constables and examining magistrates, in town and country, in the United Kingdom, in British, possessions, and (under treaties of extradition) in foreign places. The second, the constitution, powers, and duties of Gourts of Session, Assize, and Oyer and Terminer ; of Judges, Sheriffs, Juries, and Counsel ; and the rights of the accused. The third, the regulation of the various places of detention,. in the United Kingdom, in penal settlements, and in other parts of the British demieione, To any one practically acquainted with the subject, and endowed with the requisite powers of analysis and arrangement, so to fill up this outline as to produce a summary, compendious, comparatively brief, and above all intelligible, ought not to be a task of insuperable difficulty. • Your obedient servant, II,*