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has been preferred to logical or scientific accuracy, and the fact that certain provisions have for a long time formed part of the same Acts or series of Acts is sufficient evidence, for the present purposes of an index, that such provisions have a practical although they may not have a logical relation to each other.**
On the other hand, the index-maker must not slavishly adhere to the arrangement of any particular Act or series of Acts, but must look on the whole group of enactments bearing on the same subject as constituting a statute, to be indexed under the same title, but not at all of necessity in the order in which the provisions may be found in the Statute Book.
The logical imperfections of any practical arrangement of a large subject-matter under an effective title will be remedied by a carcful adaptation of cross titles. For example, under the cross-heading “ Local Government” may be found a reference to the provisions on that subject indexed under “Public Health.”
When the subject matter of an effective title is determined, the mode of expressing that title is to be considered. The object here is to use the most popular title which will designate the subject-matter referred to. Other things being equal, a title consisting of a noun or beginning with a noun substantive, should be preferred.
The cross-titles will refer either to the whole of an effective title or to specified portions of the enactments found under that title. The function of these cross-titles is sometimes, as before observed, to indicate that a certain subject-matter, which would naturally be indexed under the cross-title itself, is indexed under some heading or sub-divisions of a particular effective title. At other times, cross-titles are merely synonyms for effective titles, c.g.,“ Health,” for “ Public Health,” and so forth. The same subject-matter will sometimes form an effective title of itself, and also a heading or sub-heading under another effective title, e.g., “ Highways" will be an effective title of itself, while it will also form a heading or sub-heading under “ Public Health.”
In such a case, two courses are open. The enactments of the Public Health Act relating to highways may be indexed under “Highways," with a cross-reference under the title “ Public Health,” or vice versa. The more logical course certainly is to
* To group the index under proper effective titles would in effect be to distribute the Statute Law into the complete form of a code. Such a form can only be reached by successive stages of improvement which it must take some years to complete
follow the law rather than the authority that administers the law ; in other words, to put the above enactments under “Highways" rather than under “ Public Health,” and where the same index-maker has both titles under his superintendence, he can use his discretion in the matter. It will be found, however, that in the specimen index these provisions, being included in the enactments relating to Local Government, are grouped under “ Public Health,” and it is intended that there should be a crossreference to “Public Health" under “ Highways.” The reason for adopting this mode of grouping is, as has been stated above, first, the desirability of adhering to the practice of Parliament in grouping the subject together in the same Act, and, secondly, the practical difficulty of distributing amongst different indexmakers legal subject-matter which the Legislature has placed in the same Act or series of Acts. Similar observations apply to “ Lighting Streets,” “Public Pleasure Grounds," “ Markets," " Slaughter-houses," and other similar enactments of the Public Health Act.
The question arises here as to the repetition of matter under two or more titles, e.g., under “Public Health” there will be found a reference “Definition of nuisances, 38 and 39 Vict., c. 55, s. 91." Again, under the title of “ Animals,” there will be found a reference “Restrictions on keeping so as to be injurious to health, 38 and 39 Vict., c. 55, ss. 44, 47, and 91." Now comparing these two references, it will be found that the latter is partially included in the former. The repetition is made designedly, because if it were not made it would be necessary to set out a statement under the “ Public Health " title, “ Definition of Nuisance," that “Nuisance” includes animals improperly kept, and then to place under the title “ Animals," a cross. reference to that statement. The reason for not introducing 6. Animals" under the reference to“ Nuisances” is, that animals improperly kept are only one of many specified nuisances, all of which it is unnecessary to particularise, and further, that there are provisions relating to animals so kept in the Public Health Act which do not fall under the heading Nuisances.
Such cases as the above frequently occur, and must be left to the discretion of the index-maker. Where the law can be more concisely and clearly explained by being partially distributed under two or more titles, such distribution should take place, and vice versa. The end to be borne in mind is what course will render most aid to an inquirer in search aster a particular enactment.
The effective title will be followed by a list of the statutes, the enactments of which are indexed under that title. The statutes, as shown in the specimen index, “Coroner," will be accompanied, wherever possible, by a slight indication of the distinctive characteristic of each statute.
The subject matter of an effective title being thus settled, the next step is to arrange the contents of the several statutes constituting that subject-matter, and the consideration of the best mode of arrangement leads to an inquiry into the structure and component parts of Acts of Parliament.
In a complex subject such as that of Public Health, the enactments admit of successive siftings or classifications, which, if carried into effect with care and patience, reduce the matter to such a form as will greatly facilitate the selection of headings and sub-headings, and the distribution of the group of references under their respective headings and sub-headings, a distribution on which the excellence of an index greatly depends.*
The first operation is a very general one. It consists in setting aside by itself all matter extraneous to the main purport of the statute. This matter comprises, as a rule, temporary provisions, repeals, general savings, and particularly local or other exceptional provisions.
To take examples from the Public Health Act. The temporary provisions are in that Act rightly placed in Part X. by themselves. Frequently, however, they will be found unskilfully mixed up with the permanent provisions, and must then be picked out by the index-maker. As a general rule temporary provisions will not require to be indexed at all.
Similarly, repeals and savings appear in a separate part in the Public Health Act, but similar observations to those that have been made with respect to temporary provisions will apply to them also.
* Frequently the subject matter of a law is simple and not complex. For instance, “Coroner" is an example of a title relating solely to the functions of an administrative officer. The same observations would apply to “ Sheriff” as a title. Illustrations of Acts declaring the law alone will at once be found in almost any criminal Act. “Municipal Boroughs" may be considered as falling under neither of the above categories, or may be classed as administrative bodies. In any of the above cases the rules will only be partially applicable, or not be applicable at all. Before, however, dispensing with the rules, the index. maker should be certain that he has under his view the whole subject-matter. Not seldom an Act which appears to be a distinct branch of law forms part only of a general head of law. For example, an Act defining the procedure for assessing or collecting rates is part only of the general law of rating, and should be so treated in the Index.
Local or exceptional provisions raise questions of greater difficulty, and must be left a good deal to the discretion of the index maker.
In almost every legal subject-matter it will be found that certain provisions occur which do not readily arrange themselves under the general headings. Their exceptional character sometimes consists in their being local, e.g., in “ Coroner," “Langbaurgh,” is a local provision; in “Public HEALTH,” “Oxford and Cambridge,” form exceptional provisions. Sometimes it consists in their applying to special districts, e.g., “Port Sanitary Authority” under "Public HEALTH," or to a special class, as “ Hop-pickers."
At other times, exceptional provisions refer to matters more remotely connected with the rest of the subject than the bulk of the provisions. A fit notice of such provisions is extremely im. portant, isasmuch as from their very nature they form a class of enactments which it is very difficult for the inquirer to find out without a special reference, as he is at a loss where to look for them. If necessary, a general heading, such as “ Miscellaneous,'' may be adopted.
The essential point is that the existence of every enactment which does not naturally group itself under a particular class of references should be specifically noticed.
The main body of the enactments will remain to be disposed of. Begin by dividing them into two general classes :-(1) Enactments declaring the law'; (2) Enactments providing for the Administration of the law. Parts III. and IV. of the Public Health Act are law enactments, while Parts II., V., VI., VII., VIII., IX. are administrative provisions, or enactments auxiliary to administration.
The arrangement of these provisions in the index should so far deviate from that adopted in the Public Health Act, as to provide that the enactments that have been pointed out as laying down the law should precede the whole of the enactments relating to administration.
Part II, relating to districts and authorities, would thus follow Parts III, and IV.
Two great groups, (1) the law, and (2) the administration of the law, will now have been arrived at. Let us take these groups, and see what further general rules can be applied.
A little examination will show that the enactments divide themselves into ordinary and supplemental provisions. The ordinary provisions are such enactments as are in all cases required to carry into effect the material objects of the Act. Supplemental provisions are framed with a view to supply vacancies in offices, defects in procedure, or to declare in detail the mode of carrying into effect legislative acts, the principles of which have been previously laid down.
* The reason for this arrangement will be found in “ The Instructions for Draftsmen,” issued by the Parliamentary Counsel.
Referring to the Public Health Act, in the law. group the maintenance and making of sewers is an ordinary provision, the alteration and discontinuance of sewers is a supplemental provision. The best examples, however, of ordinary and supplemental provisions usually occur in the administrative group. Taking the Public Health Act, the sections in Part II. constituting districts and authorities are ordinary provisions, the sections in Part VIII. altering the areas of districts and referring to the for. mation of united districts are supplemental provisions.
A still better example is found in the Bankruptcy Act, 1869. The proceedings in bankruptcy detailed in the first three parts of the Act are ordinary provisions, as they are the enactments laying down the precise manner in which the proceedings in bankruptcy will be carried on if the creditors appoint a trustee and committee of inspection, and if no vacancy occurs either in the office of trustee or committeeman, and generally if every step be taken in due time and in a legal manner, while the provisions in the fourth part of the Act are supplemental provisions, inasniuch as they declare what is to be done in the event of the failure of any link in the regular chain of legal action, or else supply working details which by reason of their raising no question of principle were omitted in the former part of the Act.
The arrangement of the ordinary and supplemental provisions, where it is necessary to index them separately, should be as follows: The ordinary should precede the supplemental, but they should not be arranged in separate parts, as is usually done in Acts of Parliament, for it will be better in an index that the supplemental provisions applicable to a particular matter should immediately follow the ordinary provisions relating to the same matter.
A point has now been arrived at at which a pause may be made for the purpose of observing the effect of the preceding operations. The framework of the title has been settled to a considerable degree, the arrangement being as follows:
(1.) Law :