The Sun. — London, England, 1828-04-25 00:00:00

mischievous and pernicious powers which the promoters I of that Bill wished to obtain. He denied the proposition that the parties seeking' for the repeal 'of this Bill ought in settle their private disputes in some other way than corning to Parliament. He thought as Parliament had passed a Bill which so seriously injured those parties, it was the duty of Parliament to afford them relief. After a few words from Lord ENNISMORE, the fur ther debate was adjourned to Thursday next. Mr. S. RICE brought up the Belfast Turnpike Road Mr. Bill, which was read a first time. Mr. Alderman WOOD presented s everal petitions from various Friendly Societies, praying that the Friendly So. ciety Bill might not pus into a law in its present shape.— Ordered to lie on the table. A Message was brought from the Lords, requesting that leave might be given to Mr. Manning and Mr. flatid Barclay, to give evidence before their Lordships on the Penryn Election Bill. The SPEAKER informed the Messenger that leave was granted to Mr. Manning, and that with respect to the re mainder of their Lordships' Message the House.would send an answer by its own Messenger. Mr. DUNDAS presented a petition from the Society of Surgeons of Edinburgh, praying that the House would take into its consideration the impediments in the way of anatomical science. _ _ Mr. PENDARVES presented apetition from the Roman Catholics .f Cornwall in favour of the Catholic Claims. Mr. Alderman WOOD presented a petition from the Operative Wearers of a town in Lancashire, praying that the House would adopt some regulations with regard to wages. Mr. WILLIAMS presented a petition from tl.ie inhabi tants 'of Dorchester, against any further concessions to the Roman Catholics. Mr. CALCRAFT said, that lie had presented a petition from the inhabitants of Dorchester, in favour of the Catholic Claims. _ Mr. WILLIAMS explained. Mr. KING presented several petitioas from parishes in are county of Cork, in favour of the Catholic Claims. Mr. MACKINNON presented three petitions from Friendly Societies in Ipswich, against the Friendly So fieties' Bill. Mr. CARTER presented four petitions from Portsea, against the Friendly Societies Bill, and also a petitina from the Roman Catholics of Portsea, praying for a le peal of the Roman Catholic -disabilities. Mr. JOHN WOOD presented a petition from the Roman Catholics of Bclton-le-Moors and Lancaster, pray :ng for the repeal of the Roman Catholic disabilities. 2.ir. J. WOOD presented a similar petition from the U n it at - an Dissenters of Warrington, ;it Lancashire.— (Hear.)—;:le took the present opportnnity of stating that the body cf Dissenters (Unitarians) to which he be• longed, were, witil.'nut exception. favourable to the Homan Catholic Claims, and that the Dissenters generally were under considerable ob/igat;ons to the Roman Catholics of Ireland for the very handorne mann er in which they had presented a petition praying for repeal of the Test and Corporation Acts. Mr. L AWLEY presented similar petitions from the Roman Catholics of Warwick.shire and the Midland Counties. Sir J- GRAHAM presented similar petitions from the Roman Catholics of Cumberland. Colonel DAVIES brought up the report upon the Cities and Boroughs Poll Bill. The Bill was ordered to be committed on Monday next and to he printed. Colonel DAVIES presented a petition from the Free Sons of Albion Friendly Society against the Friendly So cieties Bill. 4 Mr. C. BARCLAY brought up a Bill for the better preserving the peace at Elections for Galway, which . was read a first time, and ordered to be read a second time on the sth of May next. Lord EASTNOR presented a petition from the Roman Catholics of Hereford, in favour of the Roman Catholie claims. The petitioners denied in the strongest manner the imputation of divided allegiance. Mr. BIRCH bore testimony to the loyalty of the pet I:oners, and expressed a hope that the day was not far distant when religious opinions would not he eont:iderehl disqualification for Court offices. The petition was ordered to lie on the table. Mr. M. A. TAYLOR presented a similar petition from the Roman Catholics of Foxdalst, in the county of Durham. Petitions from friendly societies in Shaftesbury, Stock:- port, Whitechapel, and Harwich, were presented, praying that the Friendly Societies Bili might not pass into a law. Referred to the Committee on the Rill. Mr. MOORE postperned his petition against the Diablin Cathol;c Association till to-morrow. Mr. HEATFICOTE presented a petition from some place ; n Perthshire, praying that the principal towns of Scotland and Ireland might he included in the returns for making the corn averages. - LOSSES TO TAE PUBLIC ON GOVERNMENT ANNUITIES. Mr. Alderman WAITILMAN rose to present a petition, from Mr. Moses Wing, of Market-street, Southwark, and of Middle-row, Holborn, and refeired to the great losses sustained by the public in the life annuities sold by. Govern ment. The Hon. Alderman, after expressing his surprise at having heard it stated elsewhere that no communications had been received by Government, pointing out the losses nu those annuities, save those of Mr. rtnlaytoe, observed, that that gentleman had predicted the loss, and said he would prove it by his own tables, which tables, though they had been promised eight years ago, were not yet ready; He did not i:now where the blame ought ta rest, but it was cer.- lain that Mr. Finlaysoa received 5001. 14 year extra to enable him to make out those tables, and that great loss ha d riecrutA to the public by not ha v i n g them prepared. It would appear from the statement of the petitioner, that 1..7 also had made a communication to Government us this subject, so early as May, 1819. At that period, he ad stressed a letter to the then Chancellor of the Exchequer, stating that the tables by which the Government life an anities were granted, were not adapted to such purpose, and ' that great loss to the pnblie revenue had arisen from the use of such table , . To this letter he received an answer, stating that the Chancellor of the Exchequer did not thiukit ex. pedient that any alteration should be made at that time, and that the computation of new tables would be attended with great difficulty. The petitioner addressed another letter on the 11th of that mooh on the same subject, in wlaielt he entered more at length 11:to a detail tlf the loss accruing the public. In 18 0 5 the petitioner addressed another letter on the subject, and received an answer from the then Chan cellor of the Exchequer, thanking him for his communica tion, and admitting that Government were aware that the tables on which the annuities were calculated were inaccurate, en d that inquiries were made in order to get mere correct in formation. He (Alderman Waithman) was surprised that the Noble Lord, at that time Chancellor of the Exche quer, should forget this circumstance. The Hon. Member then proceeded to point out the great losses which 'had accrued to the public from inattention ta the i o n into made by the petitioner, and added, according 'to the petitioner's showing, there was no necessity to wait for the construction of new tables, in order to ascertain the incorrectness of those which had been in use since 1808. The petition was now brought up and ordered to he printed COURT OF CHANCERY. Zlr. M. A. TAYLOR rose, in pursuance of his notice, to bring forward his motion, which, had he not heard to the coerary from a high quarter in the House he thought would have been sanctioned by his Majesty's davernmerit ; and bad that been the case, he should hays had - no Ocea sion to go at aov length into the subject. He - r,.tuild not, however, conceive what could induce his Majesty's fin y e/lamen t t o persist in their refusal to look into the'state of the Court of Chancery, which bad been the subject he sat of ap_• peals to that House for years , a nd whirl', before down, he would prove to be at present ix: a worse state than it ever had been, both as to the injury it nflicted on the country, and its danger as respected every snbj ec t. He , i - ..ippoaed that it was because motions on this subject pro ceeded from an humble and insulated individual that they we re not noised , but he had such reliance do the good -ease of the li..turse and the country, that they would see that this Court was not sufficient for the business of the „ un til, and that one day or other they would demand of the Government to take some steps to ameliorate its con dition. If be was in error respecting it, the Home parti. cipated with him, for both they and the Government hail thought it, necessary to adopt some measures for the pur pose,whether these were efficient. and the quest ion was, In 1811 a motion had been carried by the casting vote of the Speaker, for an inquiry into the state of the suitors and with the concurre nce of the Lords, it was agreed that steps for that purpose should be taken. s o matters passed nn, until 1818, when be would assert that the state of the Court was not one-third so bad as it was at present. At present there was no question as to the evidence, nor was it his intention to burden the House with the voluminous mass which had been taken, as he hail made extracts from It which would clearly prove his ease. Neither was there any necessity for technical knowledge to understand the subject, as there was no one who did not feel the proceed ings of that Court a grievance. The truth was, the evil was of such magnitude that Ministers did not like to look it in the face ; and they were in the habit of saying, " we know it is very bad, but what can be done?"--- In many eases, also, he had been told, why " G o ...lorward without shewing some remedy?" And when he had offered to show it, then he was told,— "We are not agreed as to the extent of the evil."— He could, however, assure his Right Honourable Friend opposite (Mr. Peel) that he would never relax in his ef forts upon the subject ; if he were told to produce a plan, he would do so; but, at all events, he would at different times take the sense of the House. If the country, how ever, believed in these evils, if they gave credit to their own attornies and solicitors' bills of costs, they ought to come forward to petition against these grievances, and to demand redress. The Hon; Member proceeded to say, " I have no individual interest in what I do. I have nothing to do with the Court of Chancery. I never writhe under its inflictions, for rather than suffer the misery of its aid, I would, with pleasure, forfeit several hundred pounds, ra ther than go there in the vain hope of relief. Would Mi nisters themselves think it pleasant to go there ? No, they would'not ; but still the •oblic was to be sacrificed to the political state of the country." In saying that he spoke of former days, when he was told by one high in office that Ministers could not afford to go into the question, for if they did the Chaucellor would break up the Government. It was not his intention to enter into the history of the cus tody of the Great Seal, nor the reasons for the powers which it bestowed, although there was no person conver sant with history who could not understand why there was reason for the fornration of a Court of Equity, as well as that it was intended for the relief of the suitors. He did not mean to quarrel with the report before the Howie, because the Commissioners did not conceive themselves qualified to go further than they had done. - He would only observe, that two years had elapsed ; that the Bills brought forward had been abandoned ; and that all the public had to look to was a string of resolutions, or orders, published by the Lord Chancellor; and which were intended merely to'es.pedite causes to the period - of hearing. He had not, however, any thing to do with the subject until the time of heaiing, and up to that period he (lid not quarrel with those'orders. Although he had been at the bar, and had practised in Chancery, he would not then enter into the prac tices which might clog suitors, but he would call the attention of the House, one way or other, to these orders, as well asto the system generally, which was far from What it ought to• he, as it was not the subject he meant to discuss. He would, however, say that from the strides made by the Court of Chancery, if it proceeded in its present course, there was no knowing to what length its inflictiona might extend, and he appealed to the country gentlemen what would, in - process of time, be the result, and whether there was Any subject, however private or indifferent, which, ac cording to the powers now claimed, Might not he brought before it. Indeed he might go as far in that way as Hi, dihra9, who looked upon it as an engine even in law and match-making, for he suggested, when speaking of the lawyers " And if you follow their adviCe,• In hills and answers, and replies, • You'll write love-letters in Chan - eery Shall make your - fair, on oath, answer ye, And either foree her to be your wife, Or make her wretched all her life." And indeed (said the Hon. Gentleman) this is true ; for if I was a young holya—(A laugh)—and a man said it you don't marry me I'll put you in Chancery, as will he recol- • lected was done the other day with a dead man, against whom a hill was filed, I would agree at once to his pro posal sooner than be obliged to go in there and answer upon oath as to - whether I liked him, and to the various other piquant interrogatories which a humorous or a malicious genius might suggest. As to the orders, they did not ap pear to be consistent with what they ought; as when a hill was ripe for hearing, the party was obliged to apply for leave to set it down, and considerable' time would elapse before even the very bearing came on. ' He had before stated, that if a party sued for a legacy of 2001. bequeathed to him, end that the executors to the will did not admit assets, he would defy the most ingenious, active, and able solicitor in London, to get that 2001. in Chancery under a period of six years. Also, if a widow and child were to receive a residuary bequest after the payment of debts, &e. provided there were assets, could it be supposed, al though it certainly was the case, that during the whole of the proceedings (inlese the Master made a special report) that this widow and children would he actually left without any means of support? The motion he intended to propose, he should shortly state, because he would be sorry to lead the Hoiose astray, or under any circumstances to bring for ward a motion which he could not substantiate. The terms of his motion world be, that it appeared to the House, from the papers laid before it, and the evidence taken by the Commissioners, that notwithstanding the • establishment of the office of Vice Chancellor in 1818, some further steps were necessary for the advantage of suitors in having their eases decides], and for enabling the person pre . - siding in the Court of Chancery effectually to discharge his other important duties." When the question was last before the House, his Right Hon. friend the r ome Secre tary, did him the honour to say that he was glad he (Mr. M. A. Taylor); did not mean to move for any further . Com mittee, and was content with the papers before the House, and with the evidence before ,the Commissioners. When he moved for papers a few weeks age, he stated the number of causes then set down, as far as he was al)le to learn, and he found it correct. He begged to assure his Hon, Friend ' the Solicanr-General, that he would come to the question simply, and he hoped that he should justify himself in the opinion of the Houseliy the course he would pursue. By the papers on the table it appeared, that on the last day of Hilary Term, 1818, there stood before the Chancellor, re-hearings end appeals, 69. Before the Vice Chancellor, causes, 351, pleas awl demurrers, 17, exceptions and further directions 158—miking its all 595. It was important to mark a distinction here, for when a cause was mentioned or beard, it should be understood as being simply in a state of progress, because it had afterwards to bo sent to . the Master for his report, after which came exceptions, and then probably another hearing for further directions. Some thous there were two applications,' for further directions, and svisat'he complained of was confirmed by causes re maining standing for hearing during. two years, and after wards set clOwn for farther directions for full a year and a half. The Hon. MeUriaer then went on to notice in terms of the highest praise the exertions made by the present Master of the Rolls while in the office pf Vice-Chancellor. He then did all that man . could do to expedite the business 'date Court. By the utmost possible exertion he was en abled to place the business,. of Ins branch of the Court upon such a footing as that causes generally received • further di rections in six or seven months after they came upon the paper; but before a short time bad elapsed from the period of his appointment, business so increased that he found it impostade to put them in a train for further directions in less than 18 or )9 months from the time they appeared on the paper. The house - would of course bear in mind, that when theSe directions were given, there was still not an epd put to the suit—these directions were far from finally disposing of it. On the first day of fast term there were altogether no less thin 559 causes in the Court of Chancery not dispcsaesd of-that is, before the Lord Chan cellor and the Vice-Chancellor. There were at the same time before the Master of the Rolls ; 81 cases upon excep tions, and 147 causes, which, with those set down for further directions, made 266, giving a total of 825 in the Court of Chancery. He spoke from facts wall authenti rated. It would be seen from the paper delivered in to Counsel within the last fortnight, that before the Lord Chancellor there were - 20 judgments—there had been 60, but of that number 40 hid been gotten rid of, 2Q of course remaining. There were op the first day of term 341 causes in the Court of Chancery upoo exceptions and farther directions; there were 106 before the 4jaoer of 'the Rolls. It would not be imagined that in making sinise -statements he meant to cast the slightest reflection upon any of the Learned judge!' of that Court. Of the judicial ' qualifications of thetoreat.wt Master of the Rolls, he had the highest opinion—that Judge had made, and doubtless would continue to make every possible exertion kr the despatch of bossiness. The fault, it was well known, Was pot in the Judges, hut in the system of the Court, that system rendered it impossibl e f or th e j u d ges t o p r oceed ; the face was, that the Court of Chancery wi"---.I pow he found in a much worse situation than when the Vice-Chancellor was appointed, in consequence of the proceedings adopted in that House in the year 1813, when in that and the two preceding years the subject was brought un d er cons id era ti on . It it were necessary for the loose to interfere in the year 1813, h o w much more necessary was it to i n t er f ere a t th e pre sent moment. There were then b e f ore th e L or d Chan cellor 1 1 4 , ca ses ; Jet that he compared w ith t h e present state o f a l as court, and let the House decide Whether then, or at present, there existed the greater occasion for interference. Before the appointment g the Vic e the total mirobar in . the Coon of Chancery was 483—from the papers on the 4 171, e Of the Reuse, it appeared that the presen t arrear in that Court was 595 before the Lord Chan cellor, and in all 825 before the Several Judges for the Court. The simple remedy for a ll this appeared to bins to iae the separation from the great seal of all bankrupt business , tae then proceeded to call the attention of the House to the evidence of Mr. Hamilton, given before• the Chancery Commission, and read front it the following passage:— After a cause is stet down, does delay take place in gets ting it heard?..--In its coming on in its torn there un doubtedly is a delay; there is a time elapses between the setting it down and the hearing of it; but I cannot say that there is delay, in . the common acceptation of the word delay. The causes come on In their order as set down ? Yes, causes do ; appeals du nc,t, I should say there is a delay with respect to the hearing of causes for further di rections and exceptions. Does the time which elapses before such hearing appear to you to be greater than is necessary; and by what re gulations do you conceive that time should be altered ? I see no other way than that of appointing - additional Judges ; or the Master of the Rolls sitting in the day time, from ten till four, instead of the evening, from six till ten, and also sitting more frequently than he does. But if it had not been for circumstances, of which persons are aware, there would not, I think, have been the arrear there now is. Do you allude to the illness of the late Master of the Rolls ?—Yes. The first step as he conceived that should be taken was, that which he had just suggested, namely, the appointment of some other jurisdiction to dispose of cases in bankruptcy. Mr. Cooke, who was examined before the Commission, gave evidence of a similar tendency. Mr. Cooke was a gentleman well known in the profession, of high character and consequence. Sir Launcelot Shadwell, the present Vice-Chancellor, when at the bar, was also examined be fore the Commission, and he would then read a part of the evidence given by that Judge—it was as follows : Do you coercive that the Court, with its present powers is capable of the discharge of the duties which are imposed upon it ?—I think, if you had three angels, you could not get through the business. The load of business now in the Court is so great, that it cannot be transacted with con venient despatch. Then you are of opinion that the present number of Judges is insufficient to despatch the business of the Court of Chancery with due expedition 7—lndeed, I am. Can you then suggest any mode of remedying that in convenience?—The simplest and most efficacious mode of remedying that, I believe, is by creating a new jurisdiction for disposing of cases in bankruptcy. That the House would see was the opinion of one of the Judges—the present Vice Chancellor. He thought, and a high authority he was upon the subject, that the amplest remedy would be to create a new jurisdiction to dispose of bankruptcy cases. It might be expected that the motion with which he intended to concl►de, was offered to- the Pouse as a complete means of redress for all the grievances springing out of the Courts of Equity. It was not offered as any such thing, but he thought that the present Judges would be quite sufficient for that Court if the bankruptcy cases were removed from it. Again, he would refer them to the report of the Commissioners, where they would find the following passage in the evidence of Mr, Rickersteth : , You have practised some years as a barrister in the Coma Of Chancery ?—Yes : since the year 1811. During part of that time you have had extensive busi ness ?—A moderate share. It must have frequently occurred to you in the course of your practice to observe on the various delays and expenses Which are ascribed to the proceedings in the Court of Chan cery ; it has probably occurred to you to propose some re medies for lessening or obviating those evils ; have any such suggestions occurred to your mind ?—I conceive there are many unnecessary delays which take place in the Court of Chancery, and omitting the consideration of the unneces sary litigation, which arises from the imperfect definition, and consequent uncertainty of the law administered by the Court, I conceive that unnecessary delay, vexation, and ex pence may be ascribed to the established process and prac tice of the Court; to theestablished system of pleading; and to the established mode of obtaining evidence.. The causes of delay to which I have hitherto alluded operate during the preparation of the case for hearing by the Court.. The delay which happens after the case is ready for hearing, and before it is heard, and a decree made, appears to me to be attributable to the Court. The evidence of Mr. Lowe he also resorted to, to esta- blish the several positions for which he was contending. It' would be, he observed, no change in the original Con stitution, if the bankruptcy jurisdiction were removed from it, for it was by statute that the branch of it was created. The Hon. Member then adverted to the evidence of : several professional gentlemen who were examined, and then proceeded to express his surprise that any opposition should he offered to the measure which he suggested. it was a subject on which the deepest interest was felt; it came home to men's business and bosom•. " Jam proximus ardet Ucalegon." After urging the weight of the evidence to which he had referred, and referring to the authority of Mr. Burke on the practicability of accomplishing in any department any reform in itself useful and necessary, he intreated the House, for the sake of those who were suffering under the misery of having been Chancery suitors, and who were at the present moment rotting in gaols, to take the matter of complaint into.tbeir most serious censideration, and enter upon the business of reform with a hearty and sincere de sire of doing good. He censured the project of transfers.- ring some portion of the business of Chancery to the Court of Exchequer, and the desire of patronage which would resist the separation of the bankruptcy department from the Court. The appeal from the Lord Chancellor in his own Court to the Lord Chancellor in the House of Lords was, he thought, most absurd. There he sat, with a snoring Bishop and a Scotch Peer—(A laugh)_rehearing questions that lie had decided before. He then concluded by mating his motion as already stated. Lord RANCLIFFE seconded it in a very few words. The question having been put, Mr. TWISS thought the chief causes of the delays in Chancery were not well understood. The delay in the decision of a suit began from the instant it was set down for hearing, He did not 'think it would be advisable, even if it were practicable, to hear a cause the very day it was put down on the paper, as was directed by a Statute of Cromwell's, but he saw no reason why they should not be heard within two or three weeks ; or taking the holidays into consideration, upon an average, within two months. Instead of that, however, a cause had to wait nearly two years before it could be heard, after it was first put in the paper.—( Hear, hear.)—He himself was concerned i 4 a case against an Assurance Company, where a gentleman nearly ninety years of age wanted to compel the payment of an annuity. Despatelr was of the utmost importance, but in consequence of these delays the gentleman died in poverty before the annuity was paid.—(Hear.)—ln the Courts o f Common Law, there being generally but one issue to he tried, the cause was decided on the first hearing; but in Equity suits there were generally several points to be de cided, between each of which the enormous delay he had mentioned occurred. The great, the overwhelming evil then, the legislature had to repress, was the delay that oc curred between the sitting down of a cause and its coming on for argument.—(Hear.)—The complaint of the inade quacy of the Court of Chancery to get through their busi ness was of yen , ancient date. So far back as the time of Henry VIII. Fuller, in relating that Sir Thomas More, achieved this object (on which he observes, in his quaint way, that as More was born in Milk-street, so he was the brightest star that ever shone in that via lactea), records a qt?.atrain written on that occurrence, and which chews how great a feat, even then, it was considered When More some time had Chancellor been, No more suits did remain: The same shall never more he seen, Till More he there again ;" accordingly the benefit was .not a permanent one. No Chancellor hardly since that time had succeeded in keeping the arrears under. The Lord Keeper, Wil liams, who succeeded Lord Bacon, (pied to go into Court two hours before day-light and continue sitting till eight or nine o'clock at night, and that barely sufficed to keep gown the arrears even in those days. Afterwards they accumulated to an enormous amount, and Cromwell, who saw where the evil arose, directed that every cause should be beard the same (lay on which it was set down iu the paper. This of course was found impractieable. Neither the Lord Keeper Guildford, Lord Somers, nor Lord Hardwicke, had been able to . succeed in keeping the business under. It was idle, then, to talk of the arrear of business now depending upon the incapacity of the Jiulgt:e, when it was evident that they were not numerous enough for the labour they had t 9 perform. We had now four Equity Judges—the Chancellor, the Master of the ' Rolls, the Vice-Chancellor, and the Chief Baron of the Exchequer, which last, however, had rarely time to devote to ei,nity part of his duty. As these Judges were upon an average sixty yeara of age, and had most of them past a life of intense study, it could not he expected that they should always all be in sound health. But even if they were, and exerted themselves to the utmost, it was impos sible for them to keep the arrears completely under. Sir John Leaeh; with all his acknowledged talents and indus try, was not able to' do it. One reason of this might be that multitUdes, who were deterred by the delays a n() vexations of a Chancery proceeding from aasertieg their jUit righta, whep they found there was a Judge who exerted himself extraordinarily to despatch the business brought before bins, rushed in with their claims, and overwhelmed him. It might be said, that, since the times he had mentioned, the Chancellor had been relieved of part of his ditties, by the appointment of a Vice Chancellor; but the relief thus afforded him was far counterbalanced by the increased cpiantity of bankrupt business, lunatic commis sions, and. other miscellaneous matters which now came before him. Besides,' the number of reported cares had increased to such an enormous extent Within the laSt fifty years, that the arguments of Counsel on them, and the re view of them by the Judge, occupied more time than it was possible for a atranger to conceive. The value of the'pro perty too, now decided upon, ought to be taken into con • sideration, when they compared the present businesa of the Court with what it -was heretofore. There Was in the hands of the Accountant in 1740, the sum of 1,230,0001. In 1820, it increased to 34,000,000/. What there was at present in the Accountant's hands he had no official do cuments by which to judge, but it could not be esti mated at less than 40,000,0001. This gradual accumu lation was not to be attributed to any want of zeal or ability in the Judges.—(Cheers.)—Thee predecessors of the present Judges had not, however, been able' to keep the liminess under. How then could it be expected, in the, present more complicated interests of society, that it should be done now. The present Master of the Rolls, the oldest Equity Judge, was celebrated for his diligence. The Vice-Chancellor had only occupied his seat half-a year, but he had shown no want of despatch. The Lord Chancellor had now occupied his elevated station a year, and he would take the liberty of saying, and he knew it from personal observation, that he had devoted himself to the business of the Court with the utmost assiduity, not profiting by the unsettled state of political affairs at any time to absent himself from it. And when Lord Lyndhurst was in Court no time was wasted, his attention being most intensely devoted to the business before him. He had, indeed, shewn that he possessed, in an eminent degree, that faculty of mind mentioned last session by the Hon. Member for Winchelsea, most essential to the attainment of forensic eminence, the fa culty of separating the essential from the mere trash of a case. Yet what was the situation of those Judges ? Out of Court they were assailed by the vulgar for delays occa sioned by the system, and not by them. In Court they had no sooner taken their seat, than a crowd of suitors pressed them upon the urgency of their case. Numerous, however, as were the suitors, and injured as they were by the delay, far greater was the amount of injury done to those who were deterred from coming into Court by the fate of those they saw there. He was proud of the reputa tion the English Courts of Law had obtained for their im partiality; but he feared, if something were not soon done, all their impartiality would consist in shutting the door of justice against both parties. This was not what a man living in civilized society had a right to expect. He gave up a portion of his liberty in order to be secured in his property, and if justice were denied or delayed him, the compact was broken with hint. In the dawn of legisla tion, at the framing of Magna Charta, the close analogy between delay and denial of justice was seen. Nulli nega binius, nulli diffiretnus justitiam, were the the words used by its framers. He feared that the delay of justice now almost amounted to a denial of it.--(Hear, hear.)--- The tide of business was now pressing upon them faster than it could be got under, and must shortly overwhelm them. The question then remained—how was it to be got rid of. Some seemed to think that it would be sufficient to disburthen the Great Seal of the bankrupt eases ; but those who suggested that, forgot that the great majority of these cases now came before the Vice-Chan cellor, so that any measure of that kind would afford the Chancellor but little relief. Besides, in spite of what was said by the Hon. Member who had made this motion, he thought it would be too great a Constitutional change to take the bankrupt cases from under the jurisdiction of the Chancellor. The proper remedy seemed to him (Mr. Twiss) not to be difficult, and what he was about to men tion seemed to be the prevalent opinion. Let the equita ble jurisdiction of the Court of Exchequer be transferred to the Court of Chancery, and• the Court generally thrown open to the assistance of the other Courts of Common Law. The Chief Baron could be made an entire Equity Judge, and as it would be necessary to fill up the Court of Ex chequer another Judge must be created. If, in addition to that, the Master of the Rolls were to sit in the day in stead of the evening, and every day instead of occasionally, they would have three Equity Judges sitting simultaneously, without having any thing but the business of the Court to attend to. One good effect of this would be to divide the Bar, who now seemed eager to grasp at every thing, sa crificing relaxation, general information, and even needful rest, in order to attend all the Courts. Then also there would be time to do things well, instead of quick, and the public would not as now ask which despatches most busi ness, but which decides most justly. He would not ven ture positively to say that the business would thus all he got through, but at any rate it was worth the trial. With regard to the expence of the new Judge, he thought a means might be adopted to make it a saving instead of loss to the public. The Commissioners of Bankrupts in the country on the present system, were a great expenee. At least one-half of it might he saved by appointing Commissioners with a salary of three hundred pounds each. Out of the saving effected by a change of system on this point, the additional Equity Judge might be paid. That seemed to him the best plan that could be adopted ; but whatever course the House took, he trusted it 'would' not sanction the opinion spread abroad, particularly by the public press, that a great deal of time would be saved by the separation of what was called the legal character from the political character of the Lord Chancellor.—(Hear.)—Even if it would, save time, he did not think it ought to be done, upon Constitutional grounds. They would not relieve him from the charge of hearing appeals in the loose of Lords, but if they did, would they like to have some other, an inferior, lawyer, as permanent Speaker, to take his place there ? If not that, would they make the post an object of political interest, or of family in fluence? Nothing so much as that would tend to under mine the respect felt for the nobility, and the reverence for the authority of the Crown. What was the cause of the reverence the people entertained for the aristocracy, but the consciousness that it sprung from themselves, and that it was possible for any of them, by industry and talent, not only to be equal to any noble in the land, but to be placed at the head of the whole body ?—Would this feeling continue to be entertained, if this great reward were withdrawn from the reach of the people at large, and put within the power of hereditary nobility only ? He trusted that the House, while they got rid of the abuses of the system, would preserve the system itself uninjured ; and that as it had escaped front the tempests to which it had been exposed in the ages that were passed, so it would es cape from those which were to come. —" Non hyenaes illam, non &bra, neque imbres " Convellunt : imrnota menet, multosque per annos " Multa virum volvens durando inscula vincit." The ATTORNEY-GENERAL—The two questions that appeared to have been raised were, " should a fourth Judge of Equity be constituted ;" or, " was it advisable to withdraw the jurisdiction in cases of bankruptcy from, the Court of Chancery." There had been four, or five, or six plans proposed by various gentlemen for the relief of the Court, but there was no suggestion in which any thing like a common consent could he obtained. He was not prepared to admit the necessity of appointing a fourth Equity Judge—a proposition which, though it had not been made, was, nevertheless, implied in the motion of ' the Hen. Member for Durham, Others, as he said be fore, suggested the utility of separating bankruptcy cases from the great seal; but he was not convinced of the pro priety of doing so. The object of the Hon. Member's' motion was, to pledge the House to an abstract resolution, which no man was ready to carry into practical effect. It was only twelve years since the Court of Chancery had received the assistance of a third Judge, and when the ap pointment was first proposed it was generally asserted that a third Judge was not necessary ; and that the delays and arrears of business were solely attributable to the pro crastinating temper of Lord Eldon (the then Chancellor). Now, however, the proposition was made to introduce a fourth Judge. If he thought the business of the Court could not be executed without the help of a fourth Judge, he would agree to his appointment. It was his opinion, that the Court of Chancery stood in need of some relief ; but after a long knowledge of, and commerce with, that Court, during a lapse of 24 years, he could not make up his mind to assent to the prppositiop that a fourth Judge was necessary. If any Gentleman was prepared to state a consistent plan to the House, or to point out any effective mode, by means of which the state of our Equity jurispru dence could be benefitted, he (the Attorney-General) would give it his roost attentive consideration. Mr. HARVEY said, the Hon. and Learned Member who last addressed the House, spoke of the grievances of the Court of Chancery as if they were in their infancy, and had not exercised so great an iefinepce over the midi s lion of a large portion of the community. The Learned Gentleman was himself a daily memorial and hourly wit ! ness of the defects• of that Court, and largely Jiad he thriven by their existence; it was not, therefore, his inte rest to put an end to them. It was idle tp deny that the great impediment to improvement in the Court of Chancery was attributable to the lawyers themselves,— (Cheers.) The Hon. and Learned Member for Wooton llasset had treated the subject with great ability, in a speech distinguished for talent and acute discrimination-- (Hear, hear)--yet be (Me. Harvey) would have been better pleased if the proposition for the appointment of a fourth Judge—a proposition, in the necessity of which be did not concur---had proceeded from some Member whose profes sional avocations did not lay him open to the suspicion of consulting Lis own personal advantage in making it. As , matters were now conducted, a Chancery suit--fracing it through all its stages- . --was, from the beginning to ita close, one unvarying series of roinoos and extravagant expense. (Hear, hear.) If the law were simplified in its principles, and rendered more reasonable in its practice-,—if those in tricate forma and yolotninous pleadings, the means by which lawyers flourished and suitors decayed—if thole points were investigated with a view to their reformation, the opprobrium now resting upon the science and practice of the law would he speedily removed, and we should be relieved from the disgrace of having a law for the rich, which was so unequal in its operation as neither to be suited to the circumstances nor within the reach of the poor.—(Cheers.) He haPpened to have now in his hands the copy of a bill of costs incurred in a cause in which his Majesty's Attorney-General was plaintiff. The object of the proceeding : in the course of which the costs had accrued was to investigate a supposed misapplication and diversion from their, original purpose of certain funds formerly con verted for benevo k nt purposes at Hampstead or Highgate. It was at Highgate ; the suit in question related to what was generally known as the Highgate Charity. In this cause a Bill was filed, or, more correctly and technically speaking, an information was filed by the Attorney-Gene ral, for the purpose of investigating the nature of the pro perty and its application ; in a word, to ascertain, if pos sible,' the original design and present appropriation of the funds, with a view of - seeing .how far the intention of the founder.; had been carried into effect. This, one Would think, was a subject of inquiry, which, though it might be interesting to the public,.was sufficiently easy and prac ticable. The parties to the inquiry were ready to give all the information which it was in their power to afford. Moreover, it was a case in which the funds of the charity ought to have been saved by all practicable means, at least, so people would imagine. But what had been the result of the investigation? This—the costs on one side alone amounted to from three to four thousand pounds. When Hon. Members came to analyse the Bill, and investigate the several items of which it was composed, which they might do if they thought proper, they would at once per ceive how little attention had been paid, in our projected law reforms, to that which constituted the principal cause and source of expense, not only in this, but in similar proceedings. He said it without anyinvidious feeling, without meaning to affix a stigma or impose unnecessary odium on the high clia- Meter and great learning of the gentlemen of the bar—but he must say, that while he thought he could perceive an anxiety among legal reformers to press upon the subordi nate branches of the profession and cast upon their mem bers the principal blame' of delay and expence—he might any, that what was paid to the solicitors was, as compared Stith the receipts of the barristers, scarcely in the propor tion of 13s. 4d. to 20 guineas.—(Hear.)—From tha Bill which he held in his hand, it appeared that the office 4ies alone of the information filed in this case by tl e At tisrney-General, and having for its object to ascertain the real state and appropriation of property devised for cha ritable purposes one hundred and fifty years since—the office espies cost the parties no less than 801.—(Cheers. )—When this con of the infornsatiop was reduced to the, shape of a brief, together with the instructions and remarks of the so licitor, it was handed to the leading counsel, whose fist fee amounted to 88/. 45. ; while the Learned Gentleman second in rank received 66/. as his fee. After this it would not appear surprising that the total amount of the Bill was more than 3,000/. Though it was particularly desirable that the disposition and determination of causes should be as rapid as possible, there were other points in the administration of jus tice equally requiring consideration with the speedy disposi tion of causes. He asked had there ever been any commis sion appointed—any incidental or government inquiry into these prominent points set on foot. Yet, without suds an inquiry, it was impossible to have a system of justice at all answering to the meaning of that term, or embracing principles of equity and public utility. The Right Hon. and Learned Member (the Attorney-General) would not concur in any plan which was not nicely proportioned to the subtleties of the existing system ; and perhaps no plan could be devised which the keen ingenuity of that Right Hon. Gentleman would not he able to expose, not only as inapplicable and unfit, but ludicrous and absurd. On whom should the duty of finding a remedy for the existing evil devolve ?—(Hear.)---For what purpose had they a Government--(Cheers)---or dignitaries of the law, if not to place justice upon a fair foundation ?—(Loud Chisels.) The Hon. Member proceeded to argue against the pro priety of allowing a jurisdiction in cases of bankruptcy to remain in the hands of the Lord Chancellor. It was a jurisdiction, to administer which, in nine oases out of ten, every merchant in the city of London, was snore capable than the Commissioners of Bankrupts, because, generally speaking, it involved questions solely of a commercial maul e. Commissioners of Bankrupts were either young and brie4less barristers, or men who had grown old in making the round of the Courts without obtaining employment. In either case the 3001. or 4001. a year attached to the office, was eagerly seized upon, and Commissioners of Bankrupts were fashioned out of the infancy or superannuation of the profession. Having contrasted the superior efficiency and cheapness of the Insolvent with the Bankrupt Laws, the Honourable Gentleman went. on to describe the hank rupt jurisdiction, at present vested in the Court of Chan eer,,, as affording support, to a colony of professional de pendents, and pointed . to this circumstance as the only satis, factory reason fOr the reluctance felt by Government to sever bankruptcy cases from the Great Seal. The Corn t of Chancery was so clogged and loaded with abuses that it had almost ceased to he an individaal execration,and ha‘; become a public _curse. Isle was surprised no allusion had been as yet made to a little volume lately put forth from the Court of Chancery, anti containing eighty-one orders for its regulation. Perhaps, some half dozen of these or ders might he beneficial; but, taking them as a h expected little good from them. As he had no disposition to exaggerate their defects, neither had he any desire to con ceal their merits. If these orders, instead of having pro •ceeded from the high and unimpeachable legal authority whence they had originated, had been framed by some knot of briefless junior barristers pining for employment, and eager, by whatever means, to obtain it, he should have pronounced it impossible for any scheme to have been de vised better calculated to insure success, or any stratagem to have been resorted to more deserving of contempt. (Hear.) Every rule was an order—every order a motion —and both a fee. (Loud cheering.) It was the ill fois• tune of every man who ever had any thing to do with the Court of Chancery to he aware of its defects. There was not a gentleman in the House, and scarcely a man in the country, who, if not in his own person, yet in behalf of somebody else for whom he was interested, but hail ac quired this information from dear-purchased experience. It would be a waste of time to say any thing more to esta blish the proposition that our Chancery system was mon strously hideous and deformed as it regarded the principles of law—odious for its tardiness—dangerous for its uncer tainty—ruinous in point of expence—and, generally speak ing, unequal, cruel, and oppressive in its operation. (Loud cheering.) Mr. SUGDEN said it was not without great 91 a prise be had heard the Hon. Member for Colchester sp.; ik of the Court of Chancery as " a public curse"—(Loud cheers from the Opposition side of the House)—but that stu prise was greatly increased when he heard Gentlemen who, from their station and rank in life, must be supposed to be in some degree acquainted with the Court of Chancery, unite in cheering the Hon. Member's expression so loudly. (In-. creased and continued cheering from the Opposition.) Si he thought that mode or degree of disapprobation appli cable to the Court of Equity, he would quit itinstatiter but he would say, in the face of the country, that Court was not open to the imputations cast upon it. (Laughter from the Opposition' side.) And while it existed as a Court of Justice, those only who were tending to produce public disorder in the administration of justice, spoke of it in such terms of disapprobation within the walls of that House; such ought not to be the case—it ought not to be exposed to public odium—a Court which had confer' ed so many important benefits on the country. (Cheers and laughter.) Gentlemen might cheer on, and though, as he was not used to speaking in that House, those cheers might daunt him now, but he hoped the time would come when, unaffected by such signs, he should be able to ad dress the House with more effect, and obtain a hearing without interruptien.--s(Cheers.) If Gentlemen would enquire, they would discover that those who found fault with the House consisted chiefly of fraudulent trustees, or —(Overwhelming murmurs, and cries of no, no.) He hoped no gentleman there would think he alluded to him, or to any within those walls. It was in the very nature of the peculiar jurisdiction of the Com t of Chancery to prevent despatch. A Court of Law could decide qne action at a time, and at once, and leave the parties to bring another action on another point, but when the Court of Equity decided a case, it decided that case finally for ever ; and, therefore, it was necestary to bring all the parties before the Court. Then the nature of the case consisted of long and intricate accounts— lark frauds which took a long time to be examined and un ravelled. It was impossible for a human tribunal to deal with them otherwise than by long consideration. He woultl contend it was impossible to put down the jurisdiction of the Court of Equity. As to the long interva l saii to occur between the setting down of a cause for hearing an the time of hearing, he did not believe the r e p resen t ation correct. He held accounts in his hand of the quantity of business done in a branch of Equity for the last three years, and they would find that the despatch was such as ren dered it unnecessary for that House to interfere with the Court of Chancery. The Master of the Rolls and the Vice-Chancellor decided 1,022 c auses in Ib2o. 'the reason why they did not despatch as great a number in the last two al y tp e o ars int w ed as v because i t hin thatthere s h p ac ad e, beenand i t i s t v c required some time after a Judge was appointed before lie could be so master of the business of his Court as to use the ordinary despatch. It was not correct, as had been said by the llc ri. Member for Wootton Basset, that a year, or seven terms, passed between the setting down of a cause and the hear in. in 1827 the Master of the Rolls disposed of 540 causes altogether, and in the Hilary Terra of this year 14/ , causes, and 81 further directions; thus the Muter of the Rolls had gone through his business in time incrediblf short, so rapidly as to have vacant time on his hands foe.: hearing those causes which might be taken to him from the Vice-Chancellor's Court. The great evil, delay, now core' plained of, would, he was persuaded, *eon cease to esiit , ' The Government had been blamed for the stateof the Court of Chancery, but they did not deserve that censure,for thq had many months hack proved, by granting a Commit s sion, their wish to afford assistance to the suitors in Chau cei y. But there was a great difference between institntitt: an inquiry into the. complaints, and by adopting the reseru• tion now before the House. The proposed measure would shackle Government—on that ground he should eppose - it. The creation of new Judges would be one of the word evils that could be inflicted on the country. (Murmurs.) • He had watched the distribution of Government patio' nage among the bar in the latter part of Lord Elclou'.. arrear of bni arising fr om known, dm lee% ; hat 1 Judie, &id , that Court. I theft Aid b, in both Co o Judge' , wer e aid wing w.tee Pro pm led of ir s t nei hl4 bufficie n cud a id was he was sure lit hod mad 1 1on. Fri en d hit att ekt i on went ihit nn It d: time, and though he never got nor sought any of it hint- w lid requiri self, he should assert that Lord Eldon distributed it fairly 1,! ) " 11 there amsng such as had real claims to it. As to the years, said motion by an Hon. Member opposite, to intervene before a canes ' triala :11 pond i ts di was decided in the Court of Chancery, there was no such' v ad e• The delay. The Hon. Member bad only picked out a few es' ( ~I f . i s questio traordinary cases to support his assertion. He note- Ir tdneing 1 would consent to s eve r the ba n kruptcy business from tbs „tn e sUbjei Court of Chancery ; it would be most unsafe to place the enlher cot important and intricat e b us i ness o f b an k ru pt c y i n ant 4 o , th a, tor an Court but the very higl.est. Th e s h oc ki ng cases of falls e niotio swearing on affidavits, with which b a nkrupt Caeee p`n rejhttlque abounded required the controul of the most powerful tri' n :`,e JAM hunal. As to transferring that business to the Insolvent „.. r 'F' is tott with Court, it could not lie, as that Court had no property' ,` - `".0 1 on w within its jurisdiction. As to the reproaches cast on tbs Wot Members of the Bar, he would assert that there did tai C l ' . He exiat a more honourable or high-minded body of men, or, he any more friendly to reasonable improvements ; indeed, it th e treed w they hail any fault, it was their too great desire to reform j u litY upon the law. (Loud laughter from the Opposition side.) IS t h 7es Were was not the lawyers w ith wou ld l ose by . extravagant it le ng ae change, but the men of land e d p ro p er ty i n this countiff' „ 6 'novi pt They are the persons who would suffe r by th e se alteratien,s i „ wool of the law, that are almost revolutionary. ( L aug hter . ) t ;e r ,veraen Yes, revolutionary be would call the change of the system ta_ vj at to' of the laws of property, under which property hid Mgr: te 7 4 4111211 . 1 rished. He could not object to changes of thelaw for tbe . ' t eis dingjto benefit of the country ; but would never feel hesitation t b tZ the H ot oppose those revolutionary schemes, by whomsoever pre' 4 , * Ivas ono posed, as he thought their effect would be •to shake the ht "efene e ; foundation of those laws under which the country had se t , n 441 . ; in col long flourished.—(Repeated bursts of laughter.) s u c h slot to Mr. BARING apologised for speaking on a question 0 If thos full of intricacy and mystery as the subject before the House; 44 ( S ir Jar but as the Learned Member who had just sat down had t Q t() state, put cases, he would take the liberty of quoting one in an' , hlt - I tch eve stye!' to they arned Gentleman' s a ss e rtion, that the-pro* L . Profess' posed chan of the Court of Chancery were of a revolts: rY, a tionary character. He was acquainted with a case whirs' k inshed:g had been thirty years in the Court of Chancery, nantelf,f ku r - nat b from 1795 to U 25 ; the sum contended for was 150,00 0 " (si r eanzu Many of the suitors conc erne d i n it were wid o ws, and pet Six SOLIS in the decline of life, some of them depending on di*" uf t i,7 l Were rity—on the well known bene v ol ence o f hi s Li on . Friend, ata l Bon. the Member for Midhurst (Mr. Joh n Smith). H e (Mr• i adieht Baring) advised them to take the cause - ous of Chanceril th ,7 4 BR and decide it out of Court. The parties - consented, and th "tete .1 referred it to himself and Mr. John Smith, and the resul t if was, that himself and his Hon. Friend decided in -two dars t o , U s ti that cause in commercial equity, which, involving 15000 1 ' th ePubl remained undecided at the end of thirty years' delay in the ri t 7 Scarf Court of Chancery, and that to the satisfaction of all par' l ap i t he very ties.—(Enthusiastie cheering . from all parts of t one t av Y Up on „ And if they had not decided it, it would have g thirty or:,seen tt years longer in the Court, to the great delight and profit 01 h o :' i ell he the lawyers, and would probably in the end be decided , a ot -l ulY had when all the suitors were dead, on some quibble quite dif' th e this ferent from the point on which the litigation had commits" l i s p Court cod.—(Chess.) In fact, th e C our t o f Ch ancer y, in tiPl.ehanci taking such a length of time in deciding, Sought an unlit' • .f o rd it tainable perfection. So great were the delays, that if A It es Were man came from China, or dropped down from the moots' s o, a l, true, into this most civilized country of ours, he would, Oil al to tn e ties seeing the state of our laws on property, pronounce us the ai rn , v most barbarous people on earth. There was a case th e t o t i l n ilhing other day in the newspapers, in which, it appeared, tha t ttt io e- Lear it cost a man 50,0001. in the Court of Chancery, befall, lOW pi that Court decided that he was sane.—(Laughter ar e it7Q, With cheering.) What would a man come from the moon thild' : '' i ts - of such a Court as that ? As to the Commission appoin., ; '' ip et rehanc ted to enquire into the state of the Law Courts, he wtOst"'; th 4i ltnowe not expect it to do any good if it consisted oflawyers.'" o lb . tat . Jill t whflin were The y T cou nt ry prejudice p wou on ld ge ci t os n e o rc fr closely wedded the existiOg such a , C o ar 1 ,41 under mission. He trusted the Right Hon. ..Secretary (MOS- T Peel) would be cautious in admitting lawyers I nto that Commission. of eb.4tion d ' • Mr. Secretary PEEL th oug ht hi mse lf h oun d to apolo' that—urtelat gize for that, being an unprofessional man, he presumed - he ( emir to speak on the important subject of Law Reforms; he h' • B Oa n. did not enjoy ev en th e a d van t age o f h av i ng any pers onal 4 0 :7 for m experience of the Court of Ch ancer y, an d thou g ht it Was, 1. 0 4 e Ma l t hard that he should be held r e sponsibl e for th e condition o f g un Cha n the Court of Chancery. He would consider himself rr- co u ,ktve b sponsible if he had made no inqui r y, o r a pp rove d no prO.- h , siteh-'1 Pur lineal for a cautious deliberate measure for improving the Cl ert !tha n , practices of that Court. But, en the contrary, he had in hi t Sian that that very Session given two proofs that he was not disiu u ps 011„ re i dined to investigation of incenveniencies and the applice" t great tion of wholesome remedies, and would, probably, give 'SU additional proofs of his opinions on the subject before the 4 . Session would expire. As t o th e C omm i ss i on t o inquire', _ER( into the Common Law, the appointment of the members. Opi,.. g ell Pri of it cost him much attention. That Commissionthei now appointed ; what would be the result he knew not; ta lease but in selecting the Members he had not acted in the case he Lk. , a of one of them through prejudice or partiality- ; indeed he . 0 4 ' 4 tolil wis not acquainted with one of them. Tow, how it was feet of possible to institute such an inquiry, upon faith an impor" (IN 4' not taut and extensive subject, without the aasistanae of lan's it . 4 Seti tvi yens, ,he could not understand. That Committee Included t hat, i n , no individual in office or connected with office. Its nun , " A1: 11 , 11 y by bet was limited to five, and when his Lion. Friend heard Thi i 'Dir (11 the names of those five gentlemen who, though engaged Wei Way u the active practice of their profession, had, from a sense " sta t 4ootvia public duty, given their valuable time and attention to this the had objea, he would feel convinced that the country had the ini rear f s s tr onges t security in their high chara c t ers . The other iihi s l tia" , lac Commission was upon the law relative to the transfer of ' N Z; l eg , real property. The first Commission was completed, a° 4 tet t ;,,t,itan the other would soon be. He only applied general principle' eso o L i n th to the consideration of this question ; and he was inclined t° that ta i' felt take an intermediate view of steering between the conflicting so oti ,"Oto n i arguments of those who argued on the one side, and those w ere uft, cos who argued on the other. He could not admit the justice pot loiter of those terms of unqualified condemnation which an Hon' zinorZ e n ec Memb e r h a d th oug ht fit t o a pply t o th e C our t s o f Justice I i t , o lat ens4 in this country; nor did he think the Hon. Member who lrpi p t jut , . brought forward this motion was at all aided in his object ne w sap, by the— virulent he was about to say--attack which another" to „Sso nin Member had made upon the Court of Chancery and the the ';',,Nl5 f a Members of the bar; but lie left to the lawyers the vials tha t ' We cation of their honourable profession. For himself he' fry rat would say that he had recently had intimate intercourse b 'ga 4 tge I with many members of the law, particularly with referenc e . ' t ° 100 f to those matters which hid recently engaged much of h is "ffe et , e t th, attention, and be felt it his duty to bear testimony to the' Ares , in disinterested aid he had received from them. He bad n ever ., sati et ;ittio si seen any 'disposition in favour of delay—he had never 4 ql and seen any thing of those sordid motives which led them te' 1%1;4 i think only of their own gains ; but he had met with tLo . *neitv ato spic most determined zeal to co-operate with him in simplifyi* r% tv these very laws, to the delay and to the intricacy of which ! , ek stroll the Hon. Member argued they were indebted for their ". ; 41 t profits. He (Mr. Peel) would not object to any nod i '44 4 ,50 altering the system of the Court of Chancery, if tair i? l stte t 're The proposition of his lion. Friend (Mr. M. 117 ' 41 1)1;e! et i judicious mode could be devised,, without revolutionizing y shi t the system. A. Taylor) was of no s pecific nature—without pointing ri l et 0 out what the Ho use was to do, he merely called upon the '!lota ti t if , House to do sornethin g. He had stated that in a short t . li t ,l4stano '4 time he should ent er more fully upon the subject, and beef O f t s hould distinctly state the plans he wished to he adopted , Pe rfe, t ient and therefore he (Mr. Peel) would prefer waiting until 4 ' 4 41), Y p ot he heard what those plans were ;he hoped, cone- . Nstefel flu ently, that his Hon. F r i en d wou ld now w ithdraw his ipttfee of 'no tion, and not ca ll upon t h e H ouse to d eterm i ne i n arlY rtng s y slat manner upon it, until he had stated exactly what he proposed' B angui get Mr. 111. A. TAYLOR, in explanation, had merely stated Aro cep d "xi the outlines of certain plans which he meant, at sonic time t h o se or other, t o propose, un l ess G overnment s h ou ld ac t so as Plrt n i remove the n ecess ity, tv ve er els fiat % Mr. Secretary PEEL continued. That was exactly a s t ory t h i he und erstoo d hi s H on . F r i en d, an d t h ere f ore h e tl t oughS r i i ttllgh t ng the Hou se h a d b e tt e r r e serv e a n y p r oposition until it wa s ' t re Co cope tt infor me d as to w h a t th ose pl ans were . His Hon. Frien d . had o n ly l a id d o wn two, viz. :—the separation of the bail.' i'tta n b e7 ntn rapt business from the jurisdiction of the Lord Chancellor;. t i:ttio n.tii had and the possibility of additional aid in the Court.of Ch an " , Ydi eery. Now, during the last Session, he had brought til t ( hew ~ °1 subject of the former of these before the House and the. s oeh gt.ta best legal authorities had expressed their doubts as to th e in l itfrot, ; k tnt. propriety of such a measure. The House would . bea mind the situation of the present Government, with the geN t 1 meeting of Parliament that Giwernment was constitute".. 'ete His Hon. Friend ought not, therefore, to reflect upon the Ge t, se r oyst : rie Lord Chancellor at its head. It was only a week before d i le . ar a i pr , e.. th vernment because as yet it had thine nothing upon this subjef, I le to He (Mr. Peel) feared there was a great arrear of causes irt . s!' r , 'Lard trim Court of Chancery. There was, he must observe, also *