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(3.) Exceptional provisions :
(4.) Temporary provisions, savings, and repeals. The index-maker must now turn his attention to selecting the headings and sub-headings, and to grouping the references under those headings and sub-headings.
Looking, with a view to sub-division, at the large group of enactments that, in the Public Health Act, will range themselves under Law and Administration, it will be found that they are capable of division into simple enactments and complex enactments. · A simple enactment is one in which the principle is contained in one section. A complex enactment consists of two classes of enactments, principal enactments, and subordinate enactments, of which the principal enactments are occupied in enunciating the law, the subordinate enactments in declaring the procedure by which the law is to be carried into effect. For example, in the Public Health Act, ss. 13-26 are simple enactments; ss. 27-34 constitute a complex enactment, of which the power to dispose of the sewage is the principal enactment, the subordinate enactments being those which declare the mode of disposing of the sewage, by distributing it over land, and so forth. In indexing, the subordinate enactments will not usually require to be noticed separately, but, of course, where they are so noticed they will follow the principal enactment.
On the question of headings and sub-headings a very wide discretion must be left to the index-maker. As a general rule the headings should be but few, and should be very comprehensive, it being borne in mind that nothing is so likely to confuse an inquirer as to find a reference under a heading to which it does not belong, while even if the heading be too comprehensive the only result is that a little more trouble is given the inquirer in finding the reference which he seeks.
The same observations apply to the sub-headings, but with less force. The sub-headings, where used, should indicate the important divisions in the subject matter of the heading under which they are found.
The references will in general consist of short notices of the various principal enactments, they will be arranged in the natural order of sequence where such order is apparent, and in other cases according to the order of time or of importance, or in such other method as the index-maker may think most appropriate.
These references will, in a complex subject, be grouped under separate headings and sub-headings, while in a simple subject such a division will frequently be unnecessary.
With respect to the number and particularity of the references no general rule can be laid down. The difficulty in framing references consists in finding generic expressions capable of including a sufficient number of enactments without being too vague. The index-maker must judge for himself how far he must guide the inquirer to a particular enactment by a 'special reference, having regard to the necessity of keeping his title within moderate compass, and in some degree to the question whether the subject matter with which he is dealing is or is not of such general interest as to require a greater or less degree of minuteness in indexing.
A summary of the foregoing rules, with a few additional observations, may be given as follows:
1. Title. (a.) An effective tille must generally (subject to the rule of pre
ferring the popular title) begin with a noun substantive; cross titles will begin with a noun substantive or not,
according to circumstances. 2. Enumeration of Statutes. (b.) If the Statutes are numerous they will be arranged in a double
column, see “ Coroner.” 3. Enactments relating to Law. (c.) These enactments will be grouped, as a general rule, under
headings and sub-headings. Principal enactments only, except in special cases, will be noticed separately, and several principal enactments, whenever the index-maker thinks it
advisable, may be collected in one reference. Ordinary enactments will precede supplemental enactments. References will as between themselves be arranged in the natural
order of sequence where such order is apparent, and in other cases according to the order of time or of importance, or in such other method as the index-maker may think most appro
priate. 4. Enactments relating to Administration of Law. (d.) The directions in (c.) apply here also.
With respect to the interior arrangement, so to speak, of the
group, the simpler or lower authority will precede the higher or more complex authority, e.g., in the Public Health Act “ sanitary authority” will precede the Local Government Board; in legal proceedings the court of first instance comes before the Court of Appeal, and so forth.
5. Local, special, or exceptional provisions. (e.) The above expression, or some part of it, will usually form
a heading in the index of a complex subject-matter. The
references will be arranged according to (c.) 6. Temporary provisions; Repeals; Savings. (f.) Usually the above-mentioned provisions will not require to be
indexed; when they do so require, one or more of the above expressions will form the heading.
With respect to the composition of the index, references should whenever practicable be expressed by substantives or participles used as substantives.
The above rules can only be considered as general instructions, admitting of many exceptions. It must, however, not be forgotten that uniformity in the framework of an index is of great importance, as it enables the inquirer to look at once for the proper heading under which he will probably find the information of which he is in search.
There remains to be noticed an entirely distinct class of effective titles, which may be called collective titles. The object of such titles is to enable an inquirer to find under one title a number of independent facts collected from various statutes. For example, “ districts” may possibly be selected as a collective title. Under such a title will be ranged “ ecclesiastical districts,” “highway districts," "sanitary districts,” and so forth, with a reference to the Acts establishing such districts. The best arrangement here will be alphabetical, and the preceding rules as to the logical order of the enactments have no place. The object of such lists is to enable persons employed in Government offices, or in other official occupations, to perceive at a glance the statutes under which certain duties arise. The perfection of an index, so far as the collective titles are concerned, consists in the exhaustiveness of the enumeration of the particulars and the accuracy with which such particulars are associated with the enactments relating to them.
Collective titles will only be inserted in pursuance of special instructions.
A few words as to the mode of proceeding of a draftsman who undertakes to make an index to any legal subject matter. His first step should be to make a list of all the statutes bearing on the subject; his second, to read the statutes through from beginning to end (striking out the repealed provisions as he proceeds), and by so doing, with the assistance, where required, of text-books, to acquaint himself thoroughly with the whole of the statute law relating to the title of law on which he is occupied. A complete knowledge of the whole law is required before he begins to make the index, for until he can look down on the entire field of law before him, he cannot possibly judge of the proper arrangement of the headings, or of the relative importance of the various provisions.
When he has thus mastered the subject, he will construct his framework by selecting a title, and grouping under it the various headings. He will then proceed to work on the detailed references.
Having thus completed the work on his own plan, he will look through the general indices to the statutes to be found in the various editions and abridgements, and in the Index prepared under the direction of the House of Lords, with the view of ascertaining that he has omitted no particulars which ought to be introduced, but he will avoid consulting existing indices before beginning his work, except for the purpose of collecting his materials, as such indices are more likely to mislead than to assist in his arrangement of the subject.matter. .
If he wish to look for precedents of arrangement, a good text book will generally supply the best material for reflection, but he must always bear in mind his obligation to conform to the rules above laid down for his guidance, so far as such rules are applicable, as the securing uniformity in the general arrangement of the headings by obedience to rules is of far more importance than the securing even a better arrangement of particular headings by disobedience to rules.
In conclusion, let no man imagine that the construction of an index to the Statute Law is a mere piece of mechanical drudgery, unworthy of the energy and ability of an accomplished lawyer. Next to codification, the most difficult task that can be accomplished is to prepare a detailed plan for a code, as distinct from the easy task of devising a theoretical system of codification. Now the preparation of an index, such as has been suggested in the above instructions, is the preparation of a detailed plan for a code. Each effective title is, in effect, a plan for the codification of the legal subject-matter grouped under that tille, and the whole index, if completed, would be a summary of a code arranged in alphabetical order. 9th June, 1877.
HENRY THring. [i* An Appendix containing minor details for the guidance of the draftsmen is omitted here.]
SPECIMEN INDEX TO THE STATUTE LAW.
CORONER. MR. C. S. MAINE. This Specimen does not extend to Acts which relate only to Ireland. CORONER: 3 Edw. 1. c. 9. (Penalty).
7 Will. 4. & 1. Vict. c. 64. (Durham). 3 Edw. 1. c. 10. (Qualification).
7 Will. 4. & 1 Vict. c. 68. (Expenses). 4 Edw. 1. (Off. Cor.) (Inquest).
(E). 25 Edw. 1. (Mag. Car.) c. 17. (Pleas 6 & 7 Vict. c. 12. (Inquest). (E). of the Crown).
6 & 7 Vict c. 83. (Deputy and In28 Edw. 1. (Art. Rep. Car.) c. 3.* quisition). (E). (Verge).
7 & 8 Vict. c. 92. (County Districts 14 Edw. 3. Stat. 1. c. 8. (Qualifica and Election). (E). tion).
8 & 9 Vict. c. 18. ss. 39, 40. (Lands 28 Edw. 3. c. 6. (Election).
Clauses). (E.I.) 15 Rich. 2. c. 3. (Admiralty).
16 & 17 Vict. c. 96. s. 19. (Hospital). 3 Hen. 7. c. 2.+ (Inquest).
22 Vict. c. 33. (Procedure). (E). 1 Hen. 8. c. 7. (Fees).
22 & 23 Vict. c. 21. 8. 40. (Recogni. 27 Ien. 8. c. 24. 8. 10. (Royal sances). (E). Household).
23 & 24 Vict. c. 116. (County. 33 Hen. 8. c. 12. (Royal Household). Amendment of Law). (!). 25 Geo. 2. c. 29. (Fees and Re. 28 & 29 Vict. c. 126 s. 48. (Prison). moval). (E).
(E). 38 Geo. 3. c. 52. 6. 4. (County of a 31 & 32 Vict. c. 24. s. '5. (Capital City). (E).
Punishment). 51 Geo. 3. c. 36. ss. 6-10. (Cinque 34 & 35 Vict. c. 78. s. 8. (Assessor). Ports).
35 & 36 Vict. c. 76. s. 50. (Coal 4 Geo. 4. c. 52. (Felo de se). (E).
Mines). 6 Geo. 4. c. 50. ss. 52-53. (Jury). 35 & 36 Vict. 6. 77. s. 22. (Metalli. (E).
ferous Mines). 7 Geo. 4. c. 64. ss. 4.6. (Procedure). 36 & 37 Vict. c. 76. s. 5. (Railway). (E).
36 & 37 Vict. c. 81. (Langbaurgh). 5 & 6 Will. 4. c. 76. ss. 62-64. 37 & 38 Vict. c. 88. ss. 16.18, 20. (Borongb). (E).
(Registration. Burial). (E). 6 & 7 Will. 4. c. 87. s. 16. (Ely). 38 & 39 Vict. c. 17. s. 65. (Ex. 6 & 7. Will. 4. c. 89. (Medical Wit. plosives). nesses). (E. I.)
38 & 39 Vict. c. 55. g. 143. (Public 6 & 7 Will. 4. c. 105. s. 6. (Deputy). Health). (E).
(1.) OFFICE. (2.) INQUEST. (3.) LOCAL AND SPECIAL. (1.) OFFICE: (a.) County : Qualification
... 3 Ed. 1. c. 10. 14 Edw. 3. stat. 1. c. 8. Election :
© 28 Edw. 3 c. 6. Electors
"* 27 & 8 Vict. c. 92 8. 9. Procedure ...
s 7 & 8 Vict. c. 92. ss. 9.16.
23 & 24 Vict. c. 116. ss. 1-2. Deputy ...
... ... 6 & 7 Vict. c. 83. s. 1. Districts, division of county into ... 7 & 8 Vict. c. 92. ss. 1-7. , jurisdiction in ...
... 7 & 8 Vict. c. 92. ss. 19, 20. residence in ... ... ... ... 7 & 8 Vict. c. 92. s. 5. Detached parts of counties and powers of 56 & 7 Vict. c. 12. s. 2. coroner for
27 & 8 Vict. c. 92. s. 8
Siat. 3. in Ruffhead.
+ Second para. of c. 1. in Ruffhead.