The Sun. — London, England, 1829-05-22 00:00:00

17: l . . 4 1 - 14 ..\: , T k__Y a sr. • 41 1 ' a . , „._ _ ,-- , ,vev , ---i, • ~,,, , ~ _ IL VW, .... , : 1 / 4 ' ,' .. • - allid 7 • ' i 1 . .04 ,_ .7 - 7-- ,r 4 ogiL „,,,,,.• ___ - •,„. 10 1, ..-_.F." -,:, ilk ' 7,..__,..., , ( ,41Vr-,_*.e/ i ;'O O n• • 't--- - `" ' - --- 44 , _,.r ------- -- ' . 4 ,. o I.- / ../ I .#'(‘‘7.--.1"6"--,, : :1 1:7112.4.46:...ra,11,14 ,-4,,,leitiffit.;lol:pows' i - P / iS k 1 . 1 - Igal li F - . 4 0 X Ha MIPTFORD V ICTUALLING YARD. MAT 14, 1829. r ESE are to . give NOTICE, that on • THURSDAY, the 4th of JUNE neat, at Ten Ao'clock in -the forenoon, will be put up to . Public Sale, at B ward. thi Yard. Su n d ry L ots of the following UNSERVICE ABLE PROVISIONS and STORES, (also a surplus 9441 iiity of SERVICEABLE SALTED TONGUES,) b ow in th e S tores at this Yard, viz. BREAD, BREAD-DUST, FLOUR, PEASE, OAT MEAL, BAKEHOUSE SWEEPINGS, BUTTER, tEEF, PORK, SUET, WHIT E WINE, SUGAR, RAI SINS, BAGS and RAGS, COCOA BAGS, COOPER 'WE A RTICLES, con s i st i ng o f NEW TONGUES, an d T AVES. of different - Sizes • sundry OLD- SLOP CLOT HING, and. HOSPITAL' STORES, &c. &c. feTheen Will i be also put up to Sale Sundry Lots of the s urplps articles o f SERVICEABLE SLOP CLOYIIING, via.:_, ii,B4pc CLOTH JACKETS, Ditto TROWSERS, N‘t,IIE CLOTH, FLANNEL WAISTCOATS, FLAN- It'AL,r/RAWERS, FLANNEL IN THE PIECE, with cr(-'EIIIALS STOCKINGS and SHIRTS :—BOYs' lITV„I HI NG, JACKETS, TROWSERS, STOCKINGS, ... 0 an d S HIRTS. A Deposit of 251. per cent. is to be made (in Cash or Notes of the Bank of E ng l an d) at the time of the- Sale, and fitn remainder of the Purchase Money to be paid before the „„E worworking reat, &c• ar e removed, for which purpose a A period of 1 days, (INCLUDING THEREIN THE ol; wr 's. will be allowed; the Buyers p a rticularly • -a g that not less than halt of the quantity is to be t akes • • aw ay within th e fi rs t FIVE D ays , an d t h e rema i n d er isWtu FOUR following Days, otherwise the deposit money be forfeited, and the Provisions or Stores remain the Pri Verty of the Crown, as no extension of time will, on l'pLeeeciunt, be granted. L,on •. t he Stores, & c . may he v i ewe d dur i ng the working . re °Nile Yard, on the three days immediately preced ' 4 ; i g i....,. the Day kf Sale, and on the Day of Sale, until Ten .10o:7`i4„„„ be morig, but not after that hour. Cate °--"' 144 Y be had on application at the said Yard. JOHN HILL. Commissioner. al OF LONDON LITERARY AND SCIEN TIFIC INSTITUTION. 165, Aldersgate-street : &LECTURE on the History and Genius lof the GERMAN LANGUAGE, its Utility, and e beet methods of studying it, will be delivered by Mr. RNAYS, on TUESDAY Evenin g , th e 26th instant, at Stu 4 t,_ lit o'clock clock, pre theparatory to the formation of a Class f or yof German Langua;e, under the superin- Nance of that Gentleman, elisses fur Instruction in the Spanish, French, and 4 1 Langua ges , are in active speration. ptettures nn Literary an d Scientific Subjects by eminent Vesiors, are delivered on Wednesday evenings. ti t : 4 A Annual Subscription of 2/. 2s. will admit to a par 'Patina' in all the advantages of the Institution. 411 Y. 20, 1829. E. STACY, Sec. .iaA Pri va t e Cl ass for the study and practice o f s been formed by a number of Members. ARTISTS' GENERAL BENEVOLENT Ati., c , IN STITUTION, for the RELIEF of DECAYED Z S, their WIDOWS and ORPHANS. '4l. r :,' °l) ility, Friends, and Subscribers are respectfully I P E Q s .,,, - 7:: 'that the FOURTEENTH ANNIVERSARY 4,: 1 Y AL will be celebrated in Freemasons' Hall, on T h ; 1 .,? 4, Y, the 30th inst. night Hon. Viscount GODERICH in the Chair. Sht H ei , STEWARDS. Tght H o y' Lord Durham. Walter Holies, J ph sti.erick, Esq. kr4 l ion. Lord Skel i m nh er a lle James Lonsdale, Esq. , hen' W. Ridley, Bart . W. Henry Mann, Esq. h.! „,.01-Y Wyatville, R. A. • Joseph Neeld, Esq. k e% .t noraas Penrose. Robert Noble, F..sq. . kkerr ftnn, FAn Roger Pettiward, Esq. 0.11 Arrstrong—gio Thomas Phillips, Esq. R.A. 7 Brockedon, i s . -- 4Pb Browne, E; Q . George Pittman, Esq. Vehard Carbotild. ' Andrew Robertson, Esq. Henry Shearman, Esq. 3. iChantrey. ' q R.A. 4. Faiirhe gsq t' ' Charles Turner, Esq. , • C. M. Westmacott, Esq. Dinner on T a bl e a t H a lf- past Fi ve o ' c l oc k . The liVocal D e p ar t ment un d er the direction of Mr. t 'adhurst. ' dickets (i nc l u di ng wine) at I/. Is. each may be had of ;1 Stetvards; the Assistant Secretary,. No. 14, D u k e - N et) Portland-place ; and at the Freemasons' Tavern. R'• J. ROPER , Assistant Secretary. CARPETS. QTY WAREHOUSE, No. 2, TOP OF CHEAPSIDE, NEAR ST. PAULS. CARTER and Co. respectfully invite the i ll Public so inspect one o f th e l argest, c h eapest, and t 4 tickled Stocks of CARPETING in the Metropolis. nkttISSELS, of the most splendid new patterns, and of s r ! tit rate manuf ac t urer: . Old patterns from 3s. 6d. 4" h. '• Yard wide Kidderminster and Venetian, from Aler yard. tlo7has l Stair ar ' P eti ng Hearth Rugs, Druggets, and Floor Ci te greate st variety, at exceeding lcir prices. OBSE RVATIONS ON STAMMERING. t., 4.1 1 ..L'°5118. POETT be g leave to call the p t ST public attention to their Work on PSELLISMUS, 'ircl ASIMERI NG. The dangerous chest diseases pro e- by Spasmodic Stammering are there considered and ustrated by valuable cases; their new discovery of the cer .`4i.n cure of this affection is also fully proved, and documents I,4l3mitted not on ly from the principal Medical Professo rs, kidding also ftront mos t the British and French Nobility, in. Count tail Duchess D'Orleans, Viscountess de Chabot, 14 ) ", n tees of Ormonde, Countess of Euston, Lady E. l 'rtleY, Lard Downes, Sir George Berkeley, Col. Roch ko Sur geon General Crampton, President Irish College St g e "s• ice. &c. All letters must be poet-paid. 28, York .street, Portman•square. HAMPSHIRE. /441.4tifel Freehold Marine Residence, and Offices, Car tit" 11 " 0 *. Stables, and other necessary Buildings, excellent Walled Garden, Plantations, and Shrubbet les, with- Twenty Statute Acres of good Land, near Havant sad Emeworth. T u' BE SOLD BY AUCTION, At By Messrs. WHITE and SON, hi t -e Crown Inn Erusworth, at Twelve o'clock, on r "I " , May 25 , (unless an acceptable offer should be evia nalY Made), ROSY desirable FREEHOLD VILLA I .OI)rpIBENCE, (Land-tax redeemed), called OAK in the Parish of Warblington, most plelsantly koil; .` " en eminence, about two miles . from Havant, one fou r f ho In Emsworth, seven from Chichester, and sixty. st:'r°rn London. Commanding delightful land and sea e t e . over the Isles of Wight, Thorney, and Hayling; th,.. 4ta ing every accommodation for a family of the first l ittiZ tabili tY• Together with all necessary attached and la — fled offices. Carriage-house and Stabling for four "? Harness-room, Hay-loft, and Dove-house, capital 3e4 Garden well cloyed with choice fruit trees. N ie l! eth er w i t h Twenty Statute Acres and Seventeen Ac tet t 4 f good Land, the greater part, except about Six likkh o ' l eture, being ornamented wood, through which are In e.grav e l wa lk s an d carr i age d r i ve to t h e res id ence . e neighbourhood is highly respect a ble, roads excel 111,0e lach . ee, pass through Emsworth and Havant to Lon la:. -111 aon, Southampton, Bath, Cheltenham, &c. &e. : are Hot an d C ol d M ar i ne Baf h s at Emswort h . .St - . 14 tcl particulars may be had at the Bear Inn, HA- N, Emsworth; George, Portsmouth; Nor /dra, Aru n d e l ; H ote l , H ay li ng I s l an d ; M r. H enry et, Solicito r , H avant; M r . H ug h E vans , S o li c it or , 1;?„,,. I nn-square, London ; at the Auction Mart, near Utlehaof England : Librari e s B r i g ht on , Worthing, in lltott and Bognor ; and of Messrs. White and kis:at their Estate and general Agency Office, Chichester, A 7 L ,,, it 'S FLUID EXTRACT of SARSAPARILLA. Qs'is-SAPARILLA has of late years been MUch used as an alterative in Scrofulous Affectio ns, br th 7 ' and oth er cutaneous Di seases, an d is cons id e r e d 4: ry L42°3t eminent S urgeons o f th e p resen t day as t h e --"‘ Medicine for re-establishing the constitution after dp ,Lnndergone the effects of Mercury, or has been injure hu " kii 4 l s denominated Secondary Symptoms. Th is . " Ince 4sract contains all the properties of the Root, in the p 4tr ated state, will keep for any length of time, and tt ren Men% in one minute, may make a Decoction of any soldt bY the addition of water. bad. ' 4 Bottles at 4*. 6d., Bs. Gd., and 20s. by Messrs. B aelt -r :i eber nists, Chea side, corner of St. Paul's London; end Lle-street, Dublin P ; and Prince's-street, Edinburgh ; )21,ritifCEPitr,inciPal Medicine Venders • of whom may be had +gill n: COMPOUND ESSENCE ' OF CUBEBS. Ilne nbias e t c lo -r , l w tin l is a strong . . Essence of the Cubebs, i n tq ild and • i t ether ingredients, which , . whilst equal ly 4 Y ' " • • in"zi °us to the constitution, having been found f the' Cub P"hen" Materiall to increase the known e ffi cacy o e-s ' it is ther efore frma confidently recommended for 141 user affections arisin g diseases of the Kidneys, Blad ;e;_nnd that class o f Diseases generally in which the kohl tne Cubebs has been found so serviceable. In at ,_ 444 6 d., Bs. 6d. an d 20 s . %hi, — "my, the address of " Messrs. Butler," on the No. 11,447. A VERY SUPERIOR LANDED INVESTMENT, FOR SALE BY PRIVATE CONTRACT, Situate in a Midland County, the Purchase Money will be under TWO HUNDRED THOUSAND POUNDS, And the Annual:Returns from the said Property will make it one of the most desirable Investments that has ever been offered to the Public. AMANSION and LARGE LANDED ESTATE WANTED, for a Family of Conse_ quence; the climate must be salubrious, land good, and in a Sporting Country. Apply by letter, free of postage, and from principals only, to Mr: John Coward, Lansdowne-crescent, Bath. THE SECOND NUMBER OF THE LONDON REVIEW, Edited by the Rev. BLANCO WHITE, Will he published on the 30th inst. Printed for Saunders and Otley, Conduit-street, Where may he bad The First Number, Containing—l. Periodical Lite rature—ll. Sir Walter Scott's Novels—lll. Church Re fortn—lV. Anecdotes of Napoleon—V. Transportation— VI. Paris on Diet—Vll. Greek Tragedy—Vlll. Social Life of England and France—lX. Insanity and its moral Preventives—X,.. Internal Corn Trade—Xl. The Course of Time—Xll. Preventive Police, &c. &c. HALL'S NEW GENERAL ATLAS. On the Ist of June will he published, Part XIV., printed on Elephant Paper, price I Os. 64., of a NEW GENERAL ATLAS, with the Divisions and Boundaries carefully Coloured : constructed entirely from New Drawings, and engraved by SIDNEY HALL. To be completed in Seventeen Parts. CONTENTS : —Eastern HemiThere—Purtugal--Nor therm Africa. Printed for Longman, Bee% Or:ne, Brown, and Green. Of whom may be bad, Parts I. to VIII., price 10s. 6d. each. AUTHOR OF WAVERLEY'S NEW NOVEL. This day wa9 published, in 3 vols. price 11. 11®. 6d, ANNE OF GEIERS'rEIN. By the Author of Watverley. " What! will the aspiring blood of Lancaster Sink in the ground ?"—Shakspeare. Printed for Cadell and Co. Edinburgh, and Simpkin and Marshall, London. Of whom may be had, ST. VALENTINE'S DAY; or, the FAIR MAID of PERTII. By the Author of Waverley, &c. 3 vols. 1/. 11s. 6d. Second Edition. CHRONICLES of the CANONGATE. By the Author of Waverley. First Series. 2 vols. 11. le. Second Edition. Contents.—Tale I. The Highland Widow—H. The Two Drover.—lll. The Surgeon's Daughter. TALES of a GRANDFATHER. Being Stories from the History of Scotland. By Sir WALTER SCOTT, Bart. First Series. A New Edition, 3 vols. 10s. 6d. TALES of a GRANDFATHER. Second Series. A New Edition, 3 vols. 10s. Gd. The COOK'S ORACLE, a New Edition (being the Eighth), containing a Complete System of Cookery for Catholic Families. 12m0., 7s. 6d. 4, We venture to prophesy that the ' Cook's Oracle' will be considered as the English Institute of Cookery," --Edinburgh Review, March 1821. A REAL ➢LESSING TO MOTHERS. THERE is not, perhaps, in the whole Ma teris Medics any one Remedy which so effectually relieves the pain of a suffering Patient as the AMERICAN SOOTHING SYRUP. Who can watch the writhing tortures into which a lovely infect is often convulsed, daring the period of dentition, without feeling sympathy for its sufferings ? And who would hesitate to procure a Remedy, whsn a remedy can be found, which is obvious by the effectual relief afforded in so many distressing Cases which are daily coming to the notice of Mre. JOHNSON ? Therefore Mothers ought never to he without the AME RICAN SOOTHING SYRUP in the Nursery ; for if a Child awakes in the night with pain, by only rubbing the gums with a few drops of the Syrup, it will immediately open the pores, heal the gums, and thereby prevent fevers and convulsions; for should it come in competition with any other disorder, it often destroys the mother's brightest hopec—To be had, wholesale and retail, of Johnson and Co., 28, York-place, City-road ; and, by their appoint ment, of all principal Medicine Venders in Town and Country, at 2s, 9d. per bottle. N.B. Nose are genuine unless signed on the Stamp with Mrs. Johnson's own haad-writing, as there are spu rious surfs. IMPERIAL PARLIAMENT. HOUSE OF LORDS.—(LAST NIGHT.) The St. Dunstdn's Church Bill was read a second time. A Person from the Consistory Courts in Ireland brought up papers relative to the proceedings in those Courts. Lord LOWTHER, and other Members of the Com mons, brought up the Metropolis Roads Bill, the Greenwich Hospital Bill, w;th the amendments agreed to, and the Southwark Roads Bill. - Mr. SMITH presented papers from the Commis sioners of the Richmond Bridge. Mr. HILL presented papers from the Commis sioners of the Staines Bridge. Lord TALBOT presented a petition from the Chamber of Commerce of the Staffordshire Potte ries, praying that the East India trade might be thrown open. Lord ROLLE presented a petition from Exeter against the duty on sea-borne coals. CLARENCE RAILWAY. On the motion that this Rill be read a third time, _ _ . The Marquis of LONDONDERRY opposed it, and moved that it be read a third time that day three months. The Bill, however, was read a third time, and passed without a division. Lord WHARNCLIFFE presented a petition from 'Wakefield against the renewal of the East India Company's Charter. CHANCERY BILL. On the motion that the Bill for regulating the proceedings in the Court of Chancery be read a third time, The Earl of ELDON rose •to make a few ob servations OR that stage of the Bill. He begged leave to call their Lordships' atte►►tion to the clause imposing new duties on the present Master of the Rolls. Since the original Bill was introduced, and he had thought it right to abstain as much as possi ble fiom discussing its provisions, he had seen the Master of the Rolls, who had expressed to him his determination not to take upon himself the new duties he was appointed to perform. He would not enter into the question how far a Judge could be required to perform new duties, and whether he was right or not in refusing to perform such new duties. The question of right was, perhaps, diffi cult to determine at present; however, it was not necessary to refer to it, because, since the Bill was introduced, a clause had been added, exempting the present Master of the Rolls from hearing pleas and demurrers, unless he thought fit. Their Lordships probably knew that the present Master of the Rolls was capable of getting through as much business as any person who ever sat on the Bench. By the clause, however, which had been introduced, he was to be exempt from performing these new duties. He would not take upon himself to say whether it was right or not to bring in the Bill; but he would say, that whoever might be Master of the Rolls, he had quite enough to do without adding to his office any new duties. He was acquainted with the Court of Chancery for fifty years, and knew that the Master of the Rolle had business enough. The Noble LONDON, FRIDAY EVENING, MAY '22, 1829. and Learned Lord who introduced the Bill had, with great ability, given an historical view of the business before the Court of Chancery, at least of the judi cial part of it. It was impossible—looking at the subject with reference to the duties of the Lord Chancellor, in that House and out of that House— it was impossible to deny that it became an impor. tent consilleration for their Lordships whether jug_ tice could not be more properly administered, both in the Court of Chancery and in that House. He entirely agreed with the observation of the Noble and Learned Lord—as to the complaints made by successive Lord Chancellors on taking possession of their office—of delays in the proceedings.. Sir Thomas More, Lord Bacon, and all succeeding Chancellors, had made the same complaint, and all found that the delays could not be got rid ofiniexe cuting the duties of their office. Not withstanding the many corrp'aints they had never been able' to relieve the subject from the evils complained of.— When he was a barrister in the Court of Chancery, and a Noble Lord sat there for whom he entertained a great respect—he meant Lord Apsley—an event had occurred which he should never forget, which showed what was the administrative business Qf that Court. The judicial business of that Court had been already explained, the administrative business he would exemplify.. A person, for example, pos sessing large property, died, having many debts, bond debts, debts of judgment, and other debts, and he made A. B. his executor, who finding the business involved in difficulty, did not care to act in the office assigned him. Some of the creditors filed a bill to compel the administration, and if such a bill were not filed, a creditor might file a bill for some purpose or other, or an action might be brought against him, and he might move for an injunction to stay proceedings, or some creditor might file a bill because the executor had paid an inferior creditor before a superior credi tor; or he might be obliged to amasser to a writ of devastabit ; in any of these cases, in order to obtain any practical relief, a bill must be filed in Chancery. And when such a bill was filed, people were in the habit of expressing their surprize that ,such a suit was not speedily determined. They regarded it as one suit, but it might so happen that there were a hundred creditors, and the validity of the demands of every one of them must first be ascertained before the assets could be disposed of : and, instead of one suit, the case was in fact a hundred suits. There was one case for every creditor, and every legal de mand must be ascertained before the Court could order the assets to be divided. The administrative part of the business, was probably more difficult than the judicial. He would take the case of the Duke of Queensberry as another illustration. If lie received one letter concerning that case, he had re ceived fifty, complaining of delay, and grossly abusing him. Many of those letters were from per sons for whom, every person, whose heart had not ceased to beat to the impulse of kindness, must have sincerely felt; but what could he do ? That no bleman had made a great many leases which the heirs complained of as alienations. It had to be as certained whether they were alienations, and if they were not, the leases were valid. The legatees called on the Chancellor to set the leases aside. The tenants demanded that a portion of the pro perty should be reserved, to satisfy their claims, if the leases NI ere set aside ; because the Duke had covenanted with them to give them valid leases, and they were entitled to substraction out of his pro perty, if the leases were not valid. The Court of Chancery could not determine the validity of these leases. That question was to be decided by the Court of Session in Scotland; and after it was de termined by the Court of Session, the decision was appealed from. A difficulty arose as to the nature of the appeal, and as to the form in which it had come from the Court of Session ; it was necessary to send it back to that Court, and till the Court of Session and the House of Lords had decided as to the validity of the leases, the Court of Chancery could no more order the assets to be distributed, than any other Court of the kingdom. There was one excep tion ; reserving such a proportion of the property as would satisfy the demands of the tenants, the Court did pay out some portion to the legatees. Another case, more administrative than judicial, was that of Mr. Thellusson. He had so divided the property, arid the large estates he died possessed of, that it was impossible to say who was to take it. The executors found themselves involved in difficulty, and the property was thrown into Chancery, - and tile Court of Chancery could not get it out. It would remain there for some time to come, till it was as certained who was the person who was to take the property under the will, which might not be ascer tained during this generation. A man might die without debts, but leave a large personal property in such a complicated condition, directing the trus. tees to lay out the property in some particular man ner, paying the interest to some persons to whose children the principal was ultimately devised. This was a sort of case that had come before Lord Apsley, for whore he had a great respect, the first time he ever took his place in the Court of Chan cery. An old lady, a Peeress at that time, came into Court, and with the respect due to her rank, was seated on the bench, by the side of the Lord Chancellor. She came to give her consent that a sum should be paid out of Court, to the person who was to take some property after her decease. Lord Apsley told her lie would not detain her, but she begged to be detained a little longer, as it was only 82 years since her cause had been in Court, and she wished then to see how they proceeded in settling it. His Lordship then referred generally to a case of an executor demanding an injunction as a protection against a creditor, which we understood him to say, he would never grant till he knew how much property the executor had in his hands; but his Lordship spoke at times so low that we could not hear all that he said. There was great ignorance, he was sorry to say, and great prejudice on the sub ject of the Court of Chancery, both in the public generally and among the Common Law lawyers. It would be some time before this prejudice was got rid of. Even the late Lord Kenyon, who had practised the greater part of his life at the Chancery Bar, and who, when Master of the Rolls, thought fit to deal with the Court of Chancery as other Common Law lawyers, told a plaintiff who was nonsuited that he might go, abi in nialam rent into the Court of Chan cery. He would ask the Noble and Learned Lord on the Woolsack to take the matter into his consi deration before he interfered with the jurisdiction of the Court of the Exchequer. Returning to the sub ject of the Master of the Rolls, without undertaking to say what was the duty of the Master of the Rolls, he knew that under Lord Thurlow and the Lord Chancellor who succeeded him, he never had refused to sit for the Lord Chancellor. On seal days in particular, after the Lord Chancellor had sat in the morning, the Master of the Rolls had sat in the afternoon, and lie and his Noble and Learned Friend (Lord Redesdale) had proceeded to make motions before the Master of the Rolls till daylight. It had been the practice for the last fifty years to have one of the Puisne Judges of the Court of Exchequer a good equity lawyer. For this reason Thompson, the Chief Baron, was put on the Bench ; this led to the appointment of Chief Baron Eyre, Chief Baron Richards, and the present Chief Baron. It was not his fault that there was not at present one of the Judges of that Court well versed in equity; he had wished to see the Learned Gen tleman then at the table (Mr. Courtenay,we believe) take his seat in that Court. The difficulty of equity practice might be known from the opinion of Chief Baron Eyre; and an abler or a quicker man, or a man who more considered what he' was about, he had never knoWn on the bench. He had failed, able as he was, to get through all the difficulties of the question. He had miscarried in the execution of his determination to effect some improvement. He (Lord Eldon) thought he was entitled to ssy this, for when he had the honour to sit with him as Chief Justice of the Common Pleas, lie (Chief Baron E,vre) had fairly owned to him that he had been misled in equity, and had misled Lord Mansfield. The fends that were collected, and to be disposed of by private Acts of Parliament, and which could not be imme diately distributed, the funds of various Societies, and' many others, for which immediate owners could not be found, were all thrown into the Court of Chancery,as the common receptableggeina, or shop, for undistributed or undistributable funds, arising from a vast variety of sources. His Noble and Learned Friend on the Woolsack had adverted to the dt , lay which arose horn the hearing of motions in Gawps before they were iipe for hearing. It re quired a great sted! - of experienee inequity to enable a Judge to dispose of causes on motions; but the hearing of motions would lie beneficial if they were such as would dispose of the whole cause before it came to a regular hearing. Another cause in the delay in the proceedings of the Court of Chancery was the number of Irish causes which came by Ap peal to this House, after the Union; and, from the complication of these cases, and the state of the pleadings, one Irish cause gave more trouble to the Judge who advised this House than twenty English causes would do. All this load was thrown on the Chancellor, independent of the business of his own Court. Some time of erwards the Court of Session in Scotland was divided into two Courts, and the effect was, almost to double the number of Appeals. The late Lord Liverpool had got him to sit three'', days in the week on the Scotch Appeals in this House—a practiee which would be very inconve nient, if continued, for the Lord Chancellor ought to be enabled to devote more of his time in his own Court ; for a Judge, unless he was in the habit of deciding causes in some of the Courts below, could not rightly do his duty in that House. Their Lord ships would allow him to say, that he was sorry that this Bill did not include in it more of what wasintend ed ultimately to be done, which be admitted it could ! not well do in the present Session ; and therefore he suggested a delay of the whole till the next Session. As to removing the Equity jurisdiction altogether I, from the Court of Exchequer, nothing could be more objectionable, with reference, among other things, to the compensations that must be made. But, in point of fact, it could not be done. There were many suits connected with the Crown revenue which must be disposed of by the Equity jurisdic tion, the Exchequer ; and for that reason it had been the practice, as it was the duty of the Lord Chan cellor to take care that there should be some one of the Judges of that Court conversant with Equity causes. In the time of the late Lord Chief Baron Richards, the Equity jurisdiction was separated from the Common Law jurisdiction of the Court of Exchequer, and the Equity jurisdiction was confided to the Lord Chief• Baron alone. He had heard this morning from the present Lord Chief Baron, a most formidable account of what would be the effect of the notion of putting an end to his Equity jurisdic tion. He did not, however, say absolutely that no new Judge ought to be appointed in Chan cery; but he did object to the appointment of a new Judge till lie knew what it was that the new Judge would have to do. He hoped the ' House would excuse him ; but he thought it his duty most respectfully to his Noble and Learned Friend on the Woolsack, and to all others, to state such objections to this Bill as oc curred to him. He was convinced that the Equity side of the Court of Exchequer would afford con siderable relief to the Court of Chancery if it were encouraged. His Noble and Learned Friend hail said, that be had resorted to the advice of the most experienced authorities in the Courts of Equity, and the matter was mentioned to him among others, and he then did say that it might be of advantage to have a new Judge in the Court of Chancery; but he did not say that the new Judge ought to be constituted as he was by this Bill. The Bill gave no jurisdiction to the Master of the Rolls in bank ruptcy cases; and it gave no jurisdiction in these cases to the new Judge. He agreed with his Noble and Learned Friend in what he had said relative to the London Commissioners of Bankrupts, and thought it would be a good thing if the whole of the ' kind of duties which belonged to the Commissioners were done by the London Commissioners. But Lord Loughborough had appointed country lists of Commissioners, and then it became a practice for Lords and Members of Parliament to nominate who should be on the Commission; but when he came to make appointments to these situations, he had of course given a preference to barristers re siding in the country, and as to the others he had taken the best means ti,. ascertain who were the most competent that could be got for the situation,. and on that principle made the appointments. His Lordship them adverted to the late Commission of Chancery inquiry appointed by Parliament, and highly commended the ingenuity, industry and talent, with which they had done their duty to the public, although he had not yet an opportunity of attending to the operation of the orders made in conformity to their recommendation; and he took occasion to say that some Judges from the Common Law Courts had formed almost as good Judges in Chancery as ever had sat in that Court. When the Vice-Chan cellor was appointed, it was not with a view to the relief of the Court of Chancery, but of this House, which was overwhelmed with Scotch and Irish causes, while, in the course of along period, there was no more than one appeal from the Court of Great Sessions in %Vales, and the Vice-Chancellor was bound to attend to whatever business the Lord Chancellor pleased to send to his Court—a matter about which there was a great outcry at the time of the appointment. Their Lordships ought also to consider that if they were to have four Judges in the Court of Chancery, there would be more ap peals; and this would often be attended with a per nicious expense —a great deal more, perhaps, than the whole fund in litigation was worth. In cases of bankruptcy, it was of great importance that the ulti mate decision should lie with the Lord Chancellor, as he was the highest authority. His Lordship, who did not speak so as to be at all distinctly heard at the Bar, concluded by saying that he did not mean to divide the House on the Bill, but merely threw out these suggestions because he thought it his duty to do so. The LORD CHANCELLOR very much re gretted that his Noble and Learned Friend had not stated his opposition, or rather his objection to the Bill, at an earlier period, and had reserved the decla ration of his opinion till this last stage of the mea sure. He regretted it the more, because this laid him under the necessity of entering again, as briefly as possible, into some of the principal details which he had laid before the House on the second reading. In doing so, however, he did not mean to go over the whole ground again v. hich he had before traversed, but would make his statement as short as was con sistent with its being clear and distinct. He agreed with his Noble and Learned Friend that the object was of great importance, and deserving of the most serious attention and consideration. His Noble and Learned Friend entered into a detail of proceedings in Courts of Justice, and he (the Lord Chancellor) had done the same when he moved the second read int, of the Bill ; and he had said, that from the difference in the nature of the proceedings in Courts of Common Law and Courts of Equity it was ridi culous and absurd to compare one with the other, with reference to evils and their remedies. His Noble and Learned Friend had alluded to the Chan cery Commission, and certainly he (the Lord Chan cellor) had the highest opinion of the value of the services rendered to the public by that Commission, and he had no hes-itat:on in saying that the very Learned Judge who was Chairman of that Commis sion was as competent a man to comprehond and to do the duties of that situation as any Judge that ever sat in the Court of Chancery—he meant the present Master of the Rolls. 'Many of the alterations and improvements recommended by that Commission j were of the highest importance. It was found that great and unnecessary delays existed in the proceed ings in causes from the time of commencement till the time of hearing, and the Commission had sug gested a variety of remedies to put an end to such unnecessary delays, most of which .had been, carried into effect by orders of the Court. Ilii . Noble and Learned Friend said that he had not looked over these orders; but if his. Noble and Learned Friend would apply his knowledge, observation, and experi ence to the examination of these orders, he would find there well calculated to meet the evils to be remedied, and that as much had been done in that respect as could be done consistently with a due ad ministration of justice. This they had done with reference to the proceedings from the commence ment of a cause till the hearing, and they had also looked to the great delays which took place from the time the cause was ripe for hearing till the final decision, and the only material objection which he had made to the Report of the Commissioners was, that for that latter evil they had suggested no adequate remedy— scarcely any remedy at all, and the evil existed al most to the same extent as before up to the present hour. When their Lordships considered the mag nitude of the subject and its vast importance in point of the value of the property influenced by the Court, and when they were informed that according to the average cf the period to which he had refer red that more than 18 months elapsed before a cause could be called on for bearing after it was ready to be heard, he would ask with confidence whether this was not an evil which called upon the Govern ment for its interference ? He took occasion, when he before addressed their Lordships, to point out to them those evils existing in the Court of Chancery, of the magnitude and enormity of which persons conversant only with the Courts of Common Law were aware. If 18 months were occupied in any cause in the Courts of Common Law, at least it could be said that by the expiration of that period the cause was heard and decided, and there was an end of the litigation. Very different was it in the Courts of Equity. In the Court of Chancery a cause was often heard in its different stages five, six, or seven times, and the same delay occurred in each of its stages. Was not that a plain proposition ? Was it not a monstrous grievance ? Was it not such a grievance as called for the attention of Par liament, and could there be any objection to give a Judge a salary of six thousand a year to meet an evil of such a description, and to carry into effect the object of establishing an efficient jurisdiction over property to such a vast amount ? It was not neces sary to spend any time, or to exhaust much of pa tience in the search of the records of the Court of Chancery, to prove that the evil was of the nature and to the extent that he had stated it. That very day a cause had been called on in the Court which fully illustrated his position—he alluded to the cause of Fuller and Paris. The bill had been filed in the year 1820; it was referred to the Master in 1822; in 1824 the Master made his report. Exceptions were taken to the Master's report ; those exceptions were entered for argument ; the hearing had not come on for the period of two years, when the ex ceptions were pleaded before the Vice-Chancellor, and the report of the Master was ovekruled. This decision was appealed against, and the appeal was set down for hearing. Two years after it was heard, in 1828, and now the cause was set down for the hearing of the appeal in 1829. This was an illus tration which had occurred that very morning. Be fore Parliament had assembled he called upon his Noble and Learned Friend (Lord Eldon), and pointed out to him the state of things in the Court of Chan cery, suggesting that the better way would be to see, in the first instance, if something could not be done with respect to the Court of Exchequer. He replied in the negative, and gave his opinion that it would better to have an additional Judge. He (Lord Lyndhurst) would wish to know, if the evil were such as he was stating it to be, whether a remedy ought not to be applied; and if it were to be applied, all he asked was, of what nature was it to be ? If there were not sufficient power in the Chancellor to hear causes when they were ripe for hearing, the only way was to give additional powers; and he knew of no other mode by which this could be accomplished except by creating an additional Judge. His Noble and Learned Friend at the table (Lord Eldon), last night, in adverting to the sub ject had expressed his thoughts that much might be done with respect to the Counsel; but give him (Lord Lyndhurst) leave to say that no reproach could be brought against the Counsel of the Court, with reference to this subject. If the system were such as to admit of Counsel practising in two Courts, it certainly could not be a matter of re proach to them that they did so. With reference to these gentlemen to whom he was now alluding, there were nine of them who had most readily and cheerfully acquiesced in the alterations which he proposed. Ile begged their Lordships to under stand fully that as he was not mixing up this ques tion with the Court of Exchequer, or with the transfer of the jurisdiction of the Exchequer to the Court of Chancery. His Bill was a measure to taliy independent ; and he begged their Lordships to keep in mind that it consisted of nothing more than the appointment of an additional Judge. His Noble and Learned Friend had said something upol the subject of Bankruptcies. This led him to recal to their Lordships' attention what was' supposed to be a remedy to the evil. His Noble and Learned Friend at the table (Lord Eldon) had acquiesced in the notion that the evil could not be remedied by separating the Bankruptcies from the Chancery jurisdiction. This measure would be mischievous and ruinous, and it would not be less expensive, less objectionable, or less oppressive, than the measure which be now proposed that their Lordships should adopt. His Noble and Learned Friend had suggested that the different Judges in the Chancery Court should have a jurisdic tion in bankrupt cases. He had given the subject much consideration. With referenc e to the Bar, and to the Gentlemen who practised in the Bank ruptcies' Courts, the best course to take, in his opinion, would be to confine the bankruptcies to the Vice. Chancery Court, subject to the controul of the Chancellor. With reference to another part of the Bill, he should propose that the new Judge should have power to hear all causes, as well as ay peals and demurrers, and motions in equity. He should be enabled to hear every thing arising out of a suit in equity, except some points in the equitable jurisdiction which did not extend to the Master of the Rolls, and which he had no intention of extend ing to ,the new Judge. It was proposed to add he could R coul o d ils w tak hlVh e co g a n t is p a r n e c se" it ea those .ppeal i g. judaiestimi the Mate of the of. .ifaldoubtful So methinghna.dh et beenher said, during the discussion, of a personal nature, with reference to the Master of the Rolls. No per son was better acquainted with the services of that • Learned Judge than the Noble and Learned Lord at the table. He (Lord Lyndhurst) would cheerfully subscribe to any opinion in favour, of the great merits of the Learned Judge who presided in the Rolls' Court. He would have no hesitation in say ing, that there was no person who had disposed of more causes, or had decided more que•-qions within an equal period, than that Learned Judge. During the period that he had presided in that Court, he had been one of the most able in the support of the equitable jurisdiction of the country. Whilst that Learned Judge was oppressed by illness, he (Lord Lyndhurst) had not thought it correct to introduce any clause into the Bill bearing upon him, but it had occurred to him that it would prove of great ade vantage to the Chancery business if that Learned Judge would sit in the morning. Their Lord ships would find no clause to that effect ifs the Bill, but he was quite satisfied that . that Judge would have no objection to acquiesce m tho proposition, and, in fact, he had acquiesced directly it had been communicated to him. Respecting the clause enacting that that, Learned • Judge should have a jurisdiction in certuin suhordinnta matters, he had observed that it was very hard to throw` a new burthen upon him. He (Lord Lyndhurst) had acquiesced in the observation, and had replied, that he certainly had not come into office upon arty such consideration ; and if he had any objection to the arrangement, he dearly ought to be exempt front the operation of the Bill. He was, however, happy' to announce to their Lordships, that that Leartisd Judge, in his anxiety to promote whatever could tend to the advantage of /he public business, had sacrificed all personal considerations, and had ac quiesced in the arrangement. He was perfectly sae tisfied with the cla use i n th,e'Bill. The only objec tion to the Bill, in its present form, was that adverted to by his Nobleand Learned Friend at the table. That Learned Lord had truly observed, that if they in. creased the number of decisions, in the ssme propor• tion they would increase the number of appeals. lie felt it was absolutely necessary to recur to this topic, to which, however, manyof their Lordships would re member that he had before adverted. The observa tion he before made was, that as the Court of Chan cery was at present constituted, the Chancellor had no power or opportunity to hear one description of precedents... That species of business to which the Noble Lord alluded is poured in upon biro so itices sandy, and in such masses, as to deprive hint of the opportunity of hearing appeals. He acquiesced in this objection, and the Lord Chancellor ought to be able to devote a portion of his time to the hearin g - of causes. When he stated the number of appeals to the Chancellor from the Vice-Chancellor and the Master of the Rolls, upon the avet age of many years, that the House would be surprised to hear L number did not exceed forty per annum. All the business of the Lord Chancellor in the shape of appeals did not average more than forty causes ill each year. He would allow that if decisions of the original causes were to be made more rapid s appeals would in all probability increase in numbers f and he would calculate that the appointment of a new Ithlog would be the means of increasing the present nuns= ber of appeals by one half, so that instead of forty there would be sixty appeals for the Clienetllor to hear in each year. Now he would ask his Node and Learned Friend at the table, whether he really thought that sixty appeals in the course of a year were likely so to oppress any Lord Chancellor that he could not contrive to wade through his busines=s In consequence of the present delays iii causes, incessant motions of an adverse desetjartion arose, and which were the subject of frequents appeals. What he wanted was, to give all , the suitors or applicants to the . Court of Chaneery, tint opportunity of having their causes heard, when they were ripe for hearing; so that there should be no break in the progress of the business. Upon duly considering the subject, he was sure that his Learned and Noble Friend would find that this suggestion was of serious consequence to the suitors of the Court, and that it would have a material elect upon the progress of the business of the Court,srad upon the duration of causes. Such was the simple nature of the measure he had to bring forward, and to attain these objects, lie proposed the appointment of an additional Judge. He would admit that he had stated upon a former occasion, and he still en tertained the opinion, that the present measure might be recommended from another circumstance. The Noble and Learned Lord at the table, when he (Lord Lyndhurst) had first brought this 13111 into the House, had not read the report of the Common Law Commissioners. That report had recom mended the separation of the Equity Jurisdiction from the Common Law Jurisdiction. Some doubts had been entertained with respect to this point when he had before offered himself to their Lordships' at tention upon the subject. He would now beg their Lordships to attend to what the Commissioners had said upon this point in their report. He would quote their words :—" We apprehend that this great object may be attained by relieving that Court (of Exchequer) from its Equity Jurisdiction, and by giving to the three Courts the same advantage, and placing them on the same footing in respect to the mode of appeal from their decisions. It is obvious, however, that the efficacy of such arrangements, and the attainment of the object in view, must entirely depend upon the judicial character of the persons who, from time to time, shall be appointed to fill the benches of the different Courts; and we may be permitted to suggest that the benefit of a fortunate selection is never so sensibly felt as when it relates to a Court which, at the time, may happen to stand lowest in the public estimation, and consequently to have the smallest share of business. In this view the selection of a Judge to supply avacancy in the Court, which, for the time being, possesses the smallest share of business, will generally be of more import ance to the public than the appointment to supply a vacancy in a Court which is overcharged. To insure to the Court of Exchequer, as a Court of Common Law, an equal character of efficiency with the Courts of King's Bench and Common Pleas, it appears to us to be necessary that the Equity jut is diction of that Court should no longer be exercised by its Common Law Judges; that the Common Law business of that Court should be transacted, as in the Court of King's Bench and Common Pleas, by four Judges, and that the Court of Error for the review of its judgments, should consist of the mem bers of the other two Courts." (Page 23.) Sir J. Richardson had sa'd that the Equity juris diction of the Court of Exchequer ought to Le separated and placed under another jurisdiction, and that the Common Law jurisdiction should be preserved. There were two modes of ef fecting this object. The first was by adding an other Judge to the Exchequer, or by adding an Equity Judge to a Court of Common Law, and al lowing that portion of Equity business now trans acted in the Exchequer to be transacted by that Judge. He knew very well that objections were stated to this mode. He would ask what was done in the way of Equity business in the Court of Ex chequer ? Of causes between party and party, not more than thirty original causes were disposed of in the last year. This was only one-tenth of the number of causes disposed of by the Vice-Chancellor within the same period. An Act of Parliament had been passed to enable the Chief Baron of the Court of Exchequer to hear all cases in Equity in the Exchequer; and he now pre. posed that the new Judge to be appointed in the Court of Chancery, as far as private nutividuels were concerned, should have the opportunity of hearing all such causes. He did hot mean to affect the esta blishment of the Court of Exchequer, for it might move with it with respect to the new jurisdiction,-- His Noble and Learned Friend had said last eight tfait all Revenue business was on the Equity sideof , the Court of Exchequer, but in fact all; the officers Odle Courts did was merely adminiskrations. In old times the officers transacted the bueinesi Of the PRICE 7D. TI