be popular in a free country, as it bereaves the subjects of that option, so necessary in fiscal regulations.

In 1799 Mr. Abbot was enabled, from his former professional pursuits, to be uncommonly serviceable relative to the "expired and expiring laws." On this occasion he observed (Friday, March 1), that many acts had been renewed, which ought to have been permitted to fall into oblivion, while others had been suffered to elaspe, although there was a manifest necessity for their continuance. Among the latter, he instanced the power of the crown to summon par.

interests were entitled to some favour. However, in Ireland, by act of Parliament, persons of those descriptions were not exempt from registering their securities. It was the custom of persons in the most ordinary concerns to look to the right and left for the best securities, and to cause every possible disclosure to be made. Why then, he would again ask, should such violent objections be made to disclosure in the present instance, and in a case where every possible guard and shield was made use of against its being injurious to individuals?

"Upon a general view of the measure, he said, he was rejoiced, and congratulated the country upon the arrival of the period, at which a measure so replete with benefit to the public, was proposed to parliament; it was calculated to produce the happiest effects, and to involve a progressive degree of financial benefit similar to the operations of a sinking fund, which acts in an accelerated ratio; it would prevent the increase of permanent taxation, and in that way aid the operations of the plan which was laid down to counteract, beyond a certain amount, the extension of the public debt. The mode of carrying the measure into effect would necessarily be improved on experiment. As a war-tax he regarded it in the most favourable point of view; and its domestic effects must tend to increase the national energy, in bringing the war to a speedy and honourable conclusion."

liament,

liament, and call out the militia, upon any sudden occurrence of rebellion or invasion, certain temporary acts relative to bankruptcy and insolvency, &c. &c. "These mischiefs," he added, "had at times affected the administration of justice, as some criminal convicts had been made to undergo severities in the execution of their sentences upon the supposed authority of laws, which in fact had long ceased to have any existence."

He accordingly moved for the appointment of a committee to enquire into and regulate this abuse.

* Here follows a brief outline of his speech on this occasion. On Friday, March 1, the member for Helstone rose in conse quence of the notice which he had given of moving for the appointment of the annual committee on expired and expiring laws; and said, “That he wished to take this opportunity of submitting to the house the propriety of some special directions, which it might be fit for the committee to observe in the course of its proceedings, for the purpose of attaining more completely and effectually the objects for which it was to be appointed: and that he was persuaded the house would feel those objects to be im portant, when it looked to their nature and extent.

"That it appeared to have been the usage of parliament in former times, and more especially within the present century, in making new laws upon matters of a novel nature, or of doubtful policy, to limit them in the first instance to some short period of duration, in order that those laws might of necessity come back for re-consideration after some experience of their effects. This practice was in itself wise and beneficial: but it had also led to a multiplicity and accumulation of laws which is scarcely to be conceived by those who have not adverted to the subject: for nọt only in progress of time new circumstances have called for new laws of a temporary sort; but the former also, which ought after a reasonable experience to have been finally rejected or made per1805-1806.

T

petual,

An amendment in the laws respecting forfeiture in cases of treason, the melioration of the King's

petual, have continued to swell the mass; till we find at present nearly two hundred temporary acts of parliament passed within the present century, and still in force as such, continued in some instances by not less than fourteen or fifteen successive renewals, and producing a further series of subsidiary acts-which, added to the former, amount nearly to six hundred, all of them falling within this general description.

"That out of this multiplicity many evils have resulted; and, besides the general risk which this confusion must bring upon those who are to advise, and those who are to act upon that ad vice in the daily occurrences of life, several of the most important interests of the country, as they affect the safety of the state, or the rights of individuals, have been occasionally put into the greatest jeopardy, and some of them have actually suffered irre parable injury.

"Thus, the power of the Crown to summon parliament and call out the militia upon any sudden occurrence of rebellion or invasion, a power happily created in the present reign, and which in the year 1794 was found to be of the utmost constitutional importance, was accidentally suffered to expire at the end of the term for which it was first enacted, and the country, for an interval of some years, was deprived of this valuable safeguard and protection.

"The trading interests, which are deeply concerned in the laws of bankruptcy and insolvency," added he, "have repeatedly suffered by the expiration of acts of this nature, as the courts of Westminster Hall well know by the long litigations which have arisen out of those interruptions of the system: and even the prin cipal statute of the whole bankrupt code was within a few days, or rather a few hours, of its termination at the close of the last parliament, when almost by accident it was taken up, and the current of law upon these subjects preserved its former channel.

"Mischiefs of the same nature, but of still more serious consequences, had affected even the administration of criminal jus

civil list, the consideration of the public records, together with the very proper regulation of charging

tice. In some cases this confusion and uncertainty has thrown impediments in the way of prosecutions for state offences; and in other cases, (of which, though correctly acquainted with the history, he should abstain from particularizing the dates or names) criminal convicts have been made to undergo severities in the execution of their sentences upon the supposed authority of laws which in fact had long ceased to have any existence.

"That it was hardly necessary to ask the House whether these things were fit so to remain-or whether being apprized of these evils it did not become the duty of the House to guard against them effectually, and prevent their recurrence in future.

"That the remedy at the same time was obvious, and its effects would be complete, if the House in appointing this annual committee would always direct it to report a statement of all the public general laws whatever which had actually expired, or were about to expire, within fixed and reasonable limits of time, taken retrospectively as well as prospectively; and comprehending, not only those which were running out in the course of the actual session, but those also which might terminate in the course of the ensuing session; for the sake of bringing into notice such even as were approaching to their end, and the renewal of which might require previous investigation and research, as had recently been. found to be necessary in the instances of the distilleries, fisheries, &c. That the Committee should also be required to report a distinct opinion upon the expediency of reviving, continuing, or making perpetual each of those acts respectively, and that by resuming this course of proceeding in every session, the House would gradually advance towards a great and general improvement in the whole system of the statute law."

He then moved,

1. "That a Committee be appointed to inquire, what public general laws have expired within twelve months preceding the commencement of the present session of parliament; and also what laws are about to expire within twelve months subsequent

public accountants with the payment of interest, were all schemes which either originated with, or received the countenance and assistance of Mr. Abbot.

On the first of these occasions (April 19, 1799) Mr. Abbot said,

"That he differed so widely from the honourable member upon the floor (Mr. Tierney) in thinking that the laws, as they stood at present, were sufficiently strong for the exigencies of the times, that although he should with the sincerest satisfaction vote for the resolutions now proposed, yet he conceived the measures would have been still more complete, if they had extended to another object which was strikingly apparent upon the face of the present report, and was materially connected with the fundamental laws of the constitution.

"He agreed entirely with the right honourable Gentleman who opened the debate that the new forms and shapes which the dangers of the present times had assumed would unquestionably re

to the commencement of the present session, or in the course of the next session, or at the end thereof; and to report the same from time to time to the House, with their opinion which of them are fit to be revived, continued, or made perpetual.

2. "That the report upon temporary laws presented to this House upon the 13th of May, 1796, be referred to this Committee,"

Mr. Attorney General seconded these motions, which he said he had heard with great satisfaction, and to which he gave his fullest approbation, having from his professional and official expe rience a thorough conviction of their importance and utility.

A Committee of fifteen was appointed accordingly, viz. the Master of the Rolls, Mr. Attorney General, Mr. Solicitor General, the Lord Advocate for Scotland, Viscount Belgrave, Right Hon. D. Ryder, Right Hon. S. Douglas, Mr. Mainwaring, Mr. Wil berforce, Mr. Bragge, Mr. Hawkins Browne, Mr. Shaw Lefevre, Mr. Long, Mr. Bankes, and Mr. Abbot.