TRANSACTIONS OF THE SECTIONS. 179 



On the Assimilation of the Laws of the United Kingdom, with especial reference 

 to the Town Laws of Scotland as to Ruinous Buildings. By W. Neilson 

 Hancock, LL.D. 



In Scotland in one hundred of the principal towns called Royal Burgs, unber an 

 Act of the Scotch Parliament two centuries old, in all cases of doubtful or in- 

 secure title, certain Burg magistrates can, after certain public notice, give a valid 

 charge for the execution of repairs and buildings sanctioned by them. In England 

 and Ireland the corresponding power only dates so recently as 18ti8, and, instead 

 of extending to all town-buildings, is limited to the single case of artisans' and 

 labourers' dwellings in a state dangerous to health so as to be unfit for human habi- 

 tation. The Scotch Law further deals with the case of waste and uninhabited 

 houses when the owners are not known, or are unwilling to build or repair in a 

 decent way. The Burg magistrates may, after due notice, have the property valued 

 and sold, preserving the price for the owner. These Scotch Laws are reported by 

 Mr. MacNeel Caird as in successful operation, and their extension to Ireland has 

 heen approved of by the Town Councils of Dublin and Belfast. The delay in ex- 

 tending to the whole United Kingdom this simple and wise embodiment of the 

 sound economic principle of promoting improvements by giving security for capital 

 and guarding against the impediments to improvement which defects of title create, 

 shows the backward state, of the whole system of the assimilation of the laws of 

 the three parts of the United Kingdom. While the Ante-Union statutes of England 

 have been all revised and expurgated, and a revised edition published some time 

 since, for Ireland and Scotland the similar work has been neglected, the revision 

 of the Irish statutes being thus several hundred years behind the English and Im- 

 perial statutes. Thus the very basis of a scientific assimilation of the laws is want- 

 ing. If a state provision for carrying out assimilation as far as possible existed, the 

 distinct law of Scotland and Ireland would be studied, and the elements of good in 

 them, as in the present case, preserved, by being generalized and extended to the 

 whole United Kingdom. The defects and shortcomings in them would, on the other 

 hand, be remedied. The past Session of Parliament has been marked by some very 

 wise and successful assimilations, the three Prison Acts for England, Scotland, and. 

 Ireland on substantially the same lines, the Irish Judicature Act and the Irish 

 County Courts Acts on the lines of the corresponding English Acts. These legis- 

 lative achievements only show what wonderful results would be attained if there 

 was a really large and systematic effort at assimilation of the laws of the three 

 portions of the United Kingdom. If the Lord Chancellor, the Home Secretary, 

 the Chief Secretary for Ireland, the Irish Attorney-General, and the Lord Advocate 

 of Scotland were constituted a standing committee charged with this duty, their 

 hist step would be to have the expurgations of the Ante-Union statutes of Ireland 

 and Scotland brought to the same state as that of the Ante-Union statutes of Eng- 

 land, and to have an expurgated edition of these statutes published. Their second 

 step would be to have the able and succinct account given by Paterson of the dif- 

 ferences in the laws of England and Scotland revised and brought up to date. 

 Thirdly, to have a similar account of the differences of the Irish and English law 

 prepared. Fourthly, to have steps taken for the prompt extinction of all non-essen- 

 tial differences in the laws, where the assimilation was easy, obvious, and not 

 strongly opposed. Fifthly, in cases where assimilation was found difficult or was 

 strongly opposed, a careful historical account might be prepared of the origin of the 

 differences of the laws and of the practical working of each form of legislation. 

 The publication of such accounts would have a tendency to diminish opposition, 

 and to lead to suggestions for removing difficulties. Such a work would by its 

 breadth and scientific character simplify the business of legislation, save the time 

 of Parliament, and prevent delay in the adoption of useful reforms, the principles 

 of which are conceded. It would, too, lay the lasting and sure foundation of 

 good government and the contentment of all Her Majesty's subjects in whatever 

 part of the United Kingdom it was their lot to live. 



On Rates of Interest and Banks of Issue. Bg Akin Kaeoly. 



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