The Royal Commission for Consolidating the Statute Law (also known as the Statute Law Commission of 1854) was a royal commission from 1854 to 1859 for the purpose of consolidating existing statutes and enactments of the Statutes of the Realm of the United Kingdom.
Background In the United Kingdom, Acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book. By the start of the 19th century, it was widely recognised that the criminal law stood in need of the greatest reform.
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825, The Statutes of the Realm were published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament passed resolutions that an eminent lawyer with twenty clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.
The Royal Commission on the Criminal Law was established in 1833 and issued its final report in 1845, proposing a draft bill digesting criminal law and procedure. However, the ambition for such a comprehensive legal reform was dissipating. Lord Brougham introduced a bill embodying the digest, but it was withdrawn on an undertaking by Brougham's opponent, Lord Lyndhurst, that a second Commission would be appointed to revise it.
The Royal Commission on Revising and Consolidating the Criminal Law was established in 1845 and issued its final report in 1849. In autumn of 1852, the Lord Chancellor, Edward Sugden, 1st Baron St Leonards, directed James John Lonsdale and Charles Greaves to prepare bills for the codification of criminal law based on the reports of the Criminal Law Commissioners. Two major bills based on the work of the Commission covering offences against the person and larceny were introduced in 1853 and continued under Lord Cranworth. The bills made no progress, principally because of the unanimously unfavourable judicial reaction to the prospect of the common law being embodied in statutory form.
At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to work for the improvement of the statute law. In March 1853, he appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law. The Board issued three reports, recommending the creation of a permanent body for statute law reform.
Terms of reference The Commission was appointed by letters patent dated 23 August 1854 "for the purpose of consolidating the Statutes of the Realm", including the common law, and to devise or suggest rules to "ensure simplicity or uniformity or any other improvement in the form and style of future statutes". The size of the Commission was increased by supplemental letters patent dated 15 December 1854 and 6 February 1855.
The Commission consisted of: +NameCommentaryLord Robert Rolfe, 1st Baron CranworthLord ChancellorLord John Copley, 1st Baron LyndhurstFormer Lord ChancellorLord Henry Brougham, 1st Baron Brougham and VauxFormer Lord ChancellorJohn Wrottesley, 2nd Baron WrottesleyJohn Campbell, 1st Baron CampbellChief Justice of the Queen's BenchSir John JervisChief Justice of the Common PleasSir Frederick Jonathan PollockChief Baron of the ExchequerSir James ParkeBaron of the Exchequer, later 1st Baron WensleydaleJames MoncreiffLord Advocate, ScotlandSpencer Horatio WalpoleMember of the Privy CouncilJoseph NapierMember of the Privy CouncilSir William Page WoodVice-Chancellor of the High CourtSir Alexander CockburnAttorney General for England and WalesSir Richard BethellSolicitor General for England and WalesAbraham BrewsterAttorney-General for IrelandWilliam KeoghSolicitor-General for IrelandJames CrawfordSolicitor General for Scotland, later Lord of SessionCharles Henry Bellenden KerBarrister-at-lawWalter CoulsonAppointed 15 December 1854Matthew Talbot BainesAppointed 6 February 1855John David FitzgeraldAppointed 6 February 1855Edward Francis MaitlandSolicitor General for Scotland Appointed 6 February 1855Sir Fitzroy KellyBarrister-at-law Appointed 6 February 1855 The barrister Matthew Brickdale was appointed Secretary to the Commission. Ker was the only paid member of the commission, receiving a salary of £1,000.
Proceedings The Commission first met on 13 November 1854, with apologies from the Lord Chancellor, Robert Rolfe, 1st Baron Cranworth. Following the Commission's next meeting on 15 November 1854, the Commissioners agreed to divide into sub-committees to superintend paid draftsmen in the consolidation of a particular branch of the statute law.
The Commission issued four reports dated 10 July 1855, 5 March 1856, 11 June 1857 and February 1859.
First report The Commission issued its first report on 10 July 1855."Extracts from the first Report of Her Majesty's Commissioners for consolidating the Statute Law of England dated the 10th July, 1855"; reproduced in Appendix A to the "Reports of the Commissioners for the Revision of the Statutes of Upper Canada", Appendix to the Seventeenth Volume of the Journals of the Legislative Assembly of the Province of Canada, 6th Provincial Parliament, 2nd Session, 1859. Work undertaken focused on the production of several independent consolidation bills, rather than proposing a large overall scheme of change. +BillCommentaryConsolidation of the statutes relating to the national debtDrafted by Thomas Chisholm AnsteyConsolidation of the statutes relating to masters and servants or workmenDrafted by John Warrington Rogers, Solicitor General for Van Diemen's Land and a member of the original Board for the Revision of the Statute Law.Consolidation of the statute criminal lawDrafted by James John Lonsdale, founded on the reports the Royal Commission on Revising and Consolidating the Criminal Law, assisted by J. F. Archbold, H. T. Holland, Mr. Edgar and R. BourkeConsolidation of the stamp lawsDrafted by Henry JesselConsolidation of the statutes relating to bills of exchange and promissory notesDrafted by John Warrington RogersConsolidation of the statutes relating to prisonsDrafted by Thomas Chisholm AnsteyConsolidation of the law of landlord and tenantDrafted by Andrew BissetConsolidation of the statutes relating to ecclesiastical and collegiate leasesDrafted by George Wingrove CookeBill to consolidate and amend the Copyhold Commissioners ActsDrafted by George Wingrove Cooke at the request of the Copyhold Commissioners The Commission observed difficulties in relation to the consolidation of the statutes, including:
Arrangement of materials. Statutes were a collection of amendments and additions to the general body of the unwritten common law, making systematic classification difficult. Scientific vs. Practical Classification. A purely analytical classification, as proposed by jurists, would require disassembling and reorganising the entire statute book, which would not align with the practical needs of those who use the law, such as legal professionals and judges. Need for Simultaneous Reform. Reorganising statute law into a new classification system would require all affected laws to be passed at once, which was seen as impractical given the legislative process. Defining "Consolidation". While clear in simple cases, larger-scale consolidation presented challenges, particularly in deciding whether the process should merely restate existing laws or also introduce amendments. Extent of Simplification and Amendment. Whether and to what extent simplifications and corrections of defects should be introduced. Retention of Existing Wording. Retaining exact original language maintained consistency with judicial interpretations, but rewriting in a clearer form could help incorporate judicial decisions directly into the statutes.
The Commission concluded by observing that, which respect to current legislation:"Perhaps nothing satisfactory towards the improvement of future legislation can be effected until either a board or some other persons are appointed, whose duty it shall be either to prepare or revise and report upon all Bills before they are brought into Parliament, and to watch them during their progress through the two Houses, either as officers of the Lord Chancellor or of some other Minister, or as officers of the two Houses of Parliament"The report was laid on the table in the House of Commons on 13 July 1855. On 2 August 1855, the House of Commons ordered that copies of any replies received by the Commission in relation to No. 6 of the Appendix II of the report be laid on the table, which were presented on 7 August 1855 and printed on 8 August 1855.
Second report Following the publication of the first report dated 10 July 1855, the Commission turned its attention "to devise and suggest such rules, if any, as might in our judgement tend to ensure simplicity or uniformity, or any other improvement, in the form and style of future Statues".
The Commission issued its second report on 5 March 1856."Extracts from the Second Report of Her Majesty's Commissioners for consolidating the Statute Law of England dated the 5th March, 1856"; reproduced in Appendix A to the "Reports of the Commissioners for the Revision of the Statutes of Upper Canada", Appendix to the Seventeenth Volume of the Journals of the Legislative Assembly of the Province of Canada, 6th Provincial Parliament, 2nd Session, 1859. It recommended the adoption of two plans:
The appointment of an officer or board to revise and improve current legislation "to advise on the legal effect of every Bill which either House of Parliament should think fit to refer to them, and, in particular, on the existing state of the law affected by the proposed Bill, its language and structure, and its operation on the existing law; and also to point out what Statutes it repeals, alters, or modifies, and whether any Statutes or clauses of Statutes on the same subject-matter are left unrepealed or conflicting; so that the House may have at its command the materials which will enable it to deal properly with the Bill." The adoption of a system of classification to the public general statutes across eleven illustrative classes: Army, Navy and Militia; Revenue and other Financial Acts; The United Kingdom; Great Britain; England and Ireland; England; Scotland; Ireland; Special and Local; Colonies; East India.
Third report The Commission issued its third report on 11 June 1857. The Commissioners stated that they had given instructions for the preparation of a classification of statutes and a .
James Parke, 1st Baron Wensleydale, Sir John Jervis and Sir Fitzroy Kelly revised eight bills on the criminal law, originally drafted by J. J. Lonsdale, which were introduced at the end of the session of 1856 and would become the Criminal Law Consolidation Acts 1861. Instructions for the preparation of other bills were given, including mercantile law, the law of property, aliens and denizens, statutes of limitation, statutes relating to bridges, statutes rendering written documents necessary in certain cases, the marriage acts, statutes regulating weights and measures, statutes relating to libel, the law relating to insurance, the factory acts and statutes relating to insolvency
The Commissioners recommended the classification of the whole existing general statute law into four classes:
Historical statutes Enactments which require to be re-written Statutes standing alone, and not requiring consolidation Statutes requiring consolidation