The Express.
London, England, 1852-03-18 00:00:00

CHANCERY REFORM.

A public meeting, called by the Chancery Reform
Association, was held yesterday at Exeter•hall—Lord
Emmen in the chair.

The CHAIRMAN said that on a former occasion it bad
been his discouraging task to offer to the consideration of
the meeting the projects of Chancery reform which the
Chancery Reform Association maintained without almost
any hope of their being carried into effect. Ile was de-
lighted now to take every different tune. He now felt that
he almost incurred the danger of feeling too triumphant,
but nevertheless he was ready to encounter that danger.
(Hear, hear.) The cause they had advocated was now
avowed and adopted by the greatest men who were in a
position to judge of its prosperity. lie would ask the at-
tention of the meeting to the resolutions which would be
proposed, which were directed to the consideration of the
manner in which the victory that had been obtained could
be practically improved. •
Mr. HUME, M.P., moved the first resolution : " That
the Royal Commissioners appointed in 1860 to inquire into
the process, practice, and system of pleading in the Court
of Chancery having examined many parties most compe-
tent to give evidence on the subject, including the present
Lord Chancellor, one of the Lori:* Justices of Appeal, some
of the Masters in Chancery, with their chief clerks, several
of the most eminent barristers and solicitors practising in
the Equity Courts, with David Dudley Field, Esq., one of
the conannasioners by whom the New York code of proce-
dure was framed, sad having unanimously reported that
extensive and deep-rooted mischiefs arise from the present
system, involving the utter denial of justice, and the ruin
of the litigants and their families, this meeting is of opinion
that so unqualified • condemnation, by the eminent
men forming the commission, demands the imme-
diate application of a legislative remedy, one of
the first duties of • government being to render
justice attainable by all, without delay or ruinous cost."
Ito was miry that be had not before attended the meetings
of the Cbtheery Reform Association, of which he wee a
member. bdl Se did so now with pleasure, to state fur the
emethregemmit of those who like himself agitated for the
Werth of public abuses, that there wee in this case a proof
If the fact that wh they were right no opposition
either of selfish views or Iguotance could uliimately prevail
melinteinlag them. He was confident that selfish views and
hiphosuati were the causes of the slowness of Chancery and
law reform. It was gratifying to look at the progressive
improvement of the country in sound sense slid justice,
which would always prevail if proper means were taken to
show that the objects sought by the reformers were useful
to the country and advantageous to the parties concerned.
It was satisfactory to know that at length the eminent men
at the head of the legal profession had changed their opi-
nions sad hag become law reformers, but there were
many slips between the cup and the lip, and he
would not bay,them relax their efforts in the smallest
degree tall their object was accomplished : and he world
urge on every one who had not hitherto been • Chancery
reformer to become the now ; for it must be remembered
that any one might be forted into Chancery, and their pro-
perty wasted and their health and happiness destroyed. He
was glad that the labours of this automation had not beea in
nth.
Mr. W. CIIALLINOR, solicitor, of Leek in Stafford-
shire, seconded the resolution, and characterised Chancery
as • system of litigation by which the settlement of disputes
was deferred to the longest possible, or even to an indefi-
nite, period—by which the property of infants, lunatics,
widows, and orphans was swallowed up, and a vast amount
of property staked at a legal gambling table. The keystone
of the present system was, that witnesses who should be
01111MiAlla bikes the judge who tried the cause,
=trek evalethe in writing. After alluding at some
to the prepseed aboliuon of the Menem' offices,
else
tZ apish end tate ether resseamendations the am-
he enasist led by swamies his gratification at algelett the /Aisne( the Chisseeri Reform Association
led set hesa battles.
The ItUOMMes was carried unanimously.
Mr. TRRLAWNEY, H.P., moved the second resolu-
Intim That while this meeting is of opinion that much
may be dose towards redeeming the Court of Chancery
from the eidegay whisk sow justly attaches to it, by such
seasedeteale is the peameat system as will render each
evert, whether Of law or equity, competent to take *vi-
deos. ha the meat satillaatery way, to dispense with all un-
semonsirry parties to nit, to administer complete relief in .
the awe whisk 611 Nader its cogaimutor, to abolish bills of
reviver NA stapplammetal kills, warrants for hearings, states
of fasts emit dames, °Mee copies, and objections to draftee(
rapider W paerally to render the proceedings as sum-
mary as le compatible with due security to both parties,
together with Ow extinction of the Masters' offices, meet of
which is seeleuseeded by the commissioners of the crewn—
it Is aloe soared that many of the evils incident to the pre-
sent system must necessarily exist until the distinction be-
tween law and equity is aboli.hed, oral examination in the
presence of the judge who tries the cause carried out,
and jostles is in all cams administered by one
court of saiversal jurisdiction—a practice which his been
introduced into the United States with the happiest rmults."
' He said that looking at the present system re Chancery in a
politico-economical point of view, it would be found to be
injurious to the public generally, inasmuch as it was a
great evil that a vast sum of money, amounting to 200
=idiom, should be withdrawn from the imunierce of the
country. This injury operated on every class, for even the
labourer was affected by the withdrawal of so mach capital
from commerce. . . . .

Mr . B. °uvular. seconded the resolution, which was
carried unanimously.
Mr. M. TURN'S moved, and Capt Sconsu., M.P.,
seconded the next resolution:—'. That the council of the
Chancery Reform Association be requested to continue its
proceedings, this meeting having seen with much satisfac-
tion that almost every one of its published statements,
touching the enormities and cruelties of the present system
of equity, has been conceded by the commissioners of the
crown, as also most of the remedies formerly pro bg
the council ; and being fully assured that the stn eholasg,r ...
Acninatnry report of the commission has brit ,-
..5
generally km° an to force upon the g.tv, rn,unn at , Tii-
tore the so long calla. for relief ant retn,dr,"
I agreed to, and after a vote of thanks to Out! . , 0$
meeting separated. .7* V. ---7, 2 tdt
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iLaw intelltaence.

EQUITY bOU—RTB.—YaneftDAT.

Ilkeriass rs Liscor-l's bra.—Bineas no Lose Camiguin* 5..51
Ma Leal s dances, Ma J. MT has.
A full court of appeal sat yesterday, for the purpose of
hearing au application in the matter of Mrs. Cumming'a
hasty, to traverse the inquest. Prier to hearing this
muse, the Lard Chancellor pee judgment ia the tonsuring
111Prmotion.
v.. VALI Cif Matt!' AND SOUTH WALVIS JOINT-
"SOCK Salleralle Cons-ANT Es Lawm.—Con-
111.111UTOIT.--JUDOMMIT.
This was an appeal petition from an order of the Vies-
Chaiseellor Knight Bruce, affirming an order made by
*Minter Brougham, in the comic of proceedings under the
winding-up acts placing the name of the appellant, Mr.
Lewes, on the list of contributories. Under the deed of
arttletnent of the Vale of Neath and South Wales Joist-
Stock Brewery Company, the directors were required to
keep in the hands of their bankers a sum equal to the cur-
rent expenses, and whenever the balance exceeded that
antoun., it was to accumulate and form a " surplus fund,"
and the directors were to be at liberty to invest it in the
purchase of any shares in the capital stock which should be
offered for sale, and should at their discretion either mil the
Mine, or merge it in the company. It was required that •
share register book should be kept, in which the names of
the shareholders in the company should be enrolled.
In the month orate. il, Nil, an extraordinary ge-
neral meeting of the shareholders was convened
on • genteel PUOI[I3OIIII ; and at the meeting had
on the 10th of that month, there being then no surplus
fund, it was resolved that if any shareholder should be
desirous of withdrawing from the company, the directors
should be at liberty to urchase his shares on terms therein
stated. The late Mr. William I-Awes, now represented by
the appellant, his executor, held thirty shares in the
concern, and intimated his intention to accept of
the terms of the resolution sod withdraw. Aa
indenture W4ll accordingly executed in August s-
lowing, whereby, in consideration of the ems cif
COL Weed to be paid by Mr. Dockland, ems Si the direr
tom. Mr. Lalltl transferred his shares to the and
a memorandum of the transaction was enamel 1. the
register book. It appeared from the statement Si the ease
that this ema was not paid by Bueklanil, but that Lawes
advanced to the compauy a sum of tont, and reasitudi •
" lose twee " for 9001. The Vice-Cluateellef. an the
authority of the. ease Es Darts Morgan in re Vale ef
Heath and South Wales Joirit Stock: Brewery Cmapany"
(I Mee. di (lords., 22.1), held that Lawn must be plated
on the list of contributories; inasmuch as the pietism* wee
not made in terms of the deed of settlement. The ewe
was argued last Wednesday by Mr. Rounded Palmier and
Mr. Lewis, for the appellant, and by Mr. J. Knesell and
Mr. Terrell, on behalf of the *deist manager.
The Lord Chancellor, in giviag judgment, said it sp.
ratto him that the caw lay le •
_wit Miley compass.
s nasecessary that he sheen now go into
a detail of all the facts, the elnyie question Wog
whether Mr. Lawn had Use gropers pates the
Let of contributories. This was a parearallp of a mailer
nature. Beier a Mist stock sempssy.enntresil sea pee*
ausabor of partners, it was eressueiry Mhen man Fenn
as strictly as possible to the teem of their be U
the terms of the deed were not When* le. se It wee
to be espeeted that every sherskelike melt attend the
meetings of the company, wereediage wend be taking
place is opposition to the tense of the pareaseibip. At the
time that these proceedings took *OD the amapony was
not in a solvent condition. The Midas sf garkeenhip
pros ..led that in the event of tli-r• belag • Milos, after
=she separate, accumulated In a "seeps, kind," the
might parttime shares from pewee whiny he
withibew ire etweere. The hag greedy
la wen ef ad tbe are-
hellion we held. larsittli=les wee neap by the
▪ ellawaseilp es te sewn et pneeedng man
rein, thee la the anise essweeng the umetiag the 'pd.
Se
shiest Ow whin it woe oiled amid be ened. in it
woesite din tin the anise edam thee eatterrawary
ad set ale the sped& Abele. At the ealease-
deem senties • eareadea wr yawed asthenia. lab di-
✓eseseet If ray ollanildalf winked to red" se hey
hie duns et • depreentol price, ow the else-
whet; degebr been ef his lending a stun equal to
the parebee thsery m • bee note for Am years. That
was • awls dprendw whin sared to kin to hums,
the tiiiintieles of this punksemW He did sot see sar
thine in the make of the meeting which meld bare [dead
the shareholders to believe that each • resolution weak be
.pined. A general ...flag was subsequently held. mad
the shareholders present thereat did what they bad set the
power to do, in estsoilieg the time for pens= who desired
to take advantage of the reselation yawed at the extraor-
dinary misting. He had Is doubt that the tremeelkm
between Mr. Lawn wed the essereay wee • reel en, bat se
be wee dialing with the direesses es • ehnelesider he was
bend by the tones et the deed ef seidenne. Oa 111111
guinea of aensisessure when had bees Wend ea la the
er
the dentin tese sae elike Vaieplei amea liwd
to seelet illieeldia meld met. tlieelleue, be pew
wand Ilme Wise am a semeel eftelemine eflhe awe.
Wien le the resivelee pseud se es eisse=ml
Milamilege Tele ewe mei ass le be
mee et Ile rye, ad lie we of 'plies thee tap VW-
Ceernehor bed SUMO tO • 141 bi aselkaisala eetslala~ Mr.
Leered not en the bet of emelelitstaries. The dip ties
mast therefore be dissaimed with eons.
In as CCM/MOWS LCAIACT.—QOIIIIIO3I or 111017