The Express.
London, England, 1851-04-04 00:00:00

ing interests, and the questions were frequently exceedingly
complicated. The noble sad learned loci then read -por-
tions of the clauses, and said he could not conceive a betar,
way than they afford. d to a cunning man to outwit his op-
ponent, for he might coin, before the judge and elicit his
ease. and then nothing would be easier than to find re
why he would not lie reconciled. To the next c
also, he decidedly objected—th whit! (pee equity
oats,
diction to the county courts—al agh at the same ti
would admit that some of the p d "Iterations in
practice of the courts of equity might be grafted upon the
statute; and rules already in existence governing such pear-
dee. The statute 9 et 10 of her Majesty, cap. 9a, pro-
vided the references and was a general enactment. (The
mobil, and learned lord read the clause.) :to far as the
general provisions were concerned any matter in the Court
iChancery might be referred, and by direction of the
a ity judge be sent, to the local district for arbitration by
county court judge. The same rules and orders
would be applicable is that case as were now
applicable to other officers of the Court of Chan-
teary, and the result from the clause he had
tali read from the statuto would be just the same as
bum the clause now proposed in the bill. There were suffi-
dent means also the the taking of evidence in the country,
in sets already in operation, for almost every country attor-
ney was a master extraordinary in Chancery, and could
administer the oaths ; and so the clause giving power to
take the evidence appeared to him quite unnecessary. There
wee a clause to which he strongly and decidedly objected.
It was that which gave power and authority to the clerk
of the county court to he exercised under the Lord Chess-
cellar ; and it appeared to him that the powers conferred
by the bill were far too important and responsible to be
wielded by any clerk of a county court. (Hear, hear.)
As nairded the provisions in the bill in respect to berris-
ten appearing in these courts without instruction from an
attorney, he considered them quite unnecessary. The
donee providing that an attorney's clerk, possess-
ing a six month,' certificate of his clerkship, should
titine in these courts, he considered to be still more oh-
onable. This was a propoeition to enact the greated
smieanee that could he imagined by man. It was note:lri-
an that at present, in the lesser enrninal courts, persons.
not attorneys, but professing to he the (leeks of attorneys,
applying a portion of thtir gains to paying attorneys for
the permission to use such attorneys names, caused a great
deal of mischief, and perpetrated a great amount of wrung.
Another clause in the hill which was, in every
respect, objectionable, was that opening these courts
to pleints for tithe-commutation tints. Looking at
the hill, as a whole, he had come to the conclusion that
it did wit contain matter entitled to their lordshipe' appro.
val. Ile conceded, to the fullest extent, to the noble and
learned lord by whom it had been introduced, the merit of
being actuated by the greatest anxiety to ace accomplished
effectual reforms in the law and an legal proceedings,
more especially with a view to the establishment of cheap
law. At the same time he could not avoid perceiving that
the noble and learned lord hail been too eager and had
produced an imperfect measure. Ile thought that the
noble and learned lord had not sufficiently compared this
bill with existing acts of parliament, and that, altogether,
he had inadequately considered the important and compli-
cated suhject on winch parliament was called on to legislate.
He (the Lord Chancellor) should feel it his duty to move
that the bill he recommitted that day Nil months.
Lord BitOUtill AM must say that he had great right
to complain, and that the house had a still greater right
to complain, of the course taken by the noble and
learned lint, Ile had not received the slightest intimation
of the intention of the noble and learned lord to enter into
an analysis of the bill on this occasion, and still less could
he have expected that the noble and learned lord would
have opposed the further progress of the bill. Hail he
received any such intimation he should most certainly have
postponed the committee on the bill till Friday (this day).
His object in bringing the hill on that evening was merely
to get those clauses pawed on which no difference of
opinion was likely, as he had thought, to arise;
and, before bringing it on, he had arranged with
his noble friend the chairman of committees (Lord
Bede:4l.de) which were those clauses which might
fairly be taken that evening, and which other claim,.
being clauses as to which there Rai a likelihood of a dif-
ference of opinion, might an ire properly he taken on
another slay, when a full di-rug:don could be entered
upon. And it so happened that the clauses proposed to he
postponed were the identical chivies to which the noble
and learned lord took on this occasion such elaborate I ar-
jections. A., however. his noble and learned friend had
taken this course, he had no option hut to follow through
these objections, and to meet each and all of them. Ile
would at once, as a sample of these objections, reply to
the observations of his noble and learned friend in refer-
ence to what were called the equity clauses. The
statement of his noble awl learned friend was, that the
whole of the., clauses were to be found already
enacted in the 'l'lnil section of the act of 1846. A very
few words would show that Ili, Liable and learned friend
was lahouring under a gnat misapprehension, and had, in
fact, committeil as great a mistake as it was passible for
any legal person to commit, on any subject of this kind.
Now, the limn were these,—These clauses were certainly
not primped for the first time. They were embraced in the
bill of 11433. That hill went through a full discussion ;
these clauses were approved of and passed through com-
mittee in the other house; but the bill was thrown out on
the third reading, and with it went, of course, these clause,.
Then came the act of inl6, introduced by Lord Lyndhurst,
and adopted on the change of government by Lord Cot tenham.
The equity clauses of 11433 were nut in thit bill of 1416; but
Lord Langdale, the Master of the Rolle, reseed upon Lord
Vottenhaux the adoption of the whole of them.
The Lord CHANCELLOR, here iuterposed (apparently
at the request of Earl envy, who had been iu conversation
with him on the wooleack), and Raid that he could assure
his noble and learned friend that he hail come forward to
offer his objections to the bill at the earliest possible mo-
ment ; Lail he hoped his noble and learned friend knew him
too well to suppose that lie would have a ithheld the notice
of his intention to take the course he bail taken that even-
ing, had it been is his power to give the intimation.
But it was not at all his wish to go into the discussion that
night, and he would take it at any other time which hie
noble and learned friend might fix upon.
Lord BIIOUGHAM had never thought of accusing his
noble and learned friend of unfairness. Ilad his noble and
learned friend been guilty of an unfairness it would have
been for the first time in his eminent career. All that he
(Lied Brougham) complained of was the inconvenience of
the course taken by his noble and learned friend. And
that course being taken, lie was compelled to say a few
words, and at least to sketch a reply to his noble and
learned friend. Ile was now taking a single sample of the
cargo of the arguments —and he used the phrase without
intending a disrespect—of his noble owl learned friend.
The sample who the olqection to the equity clauses. He
hoped his noble and learned friend would rightly and
charitably construe the comment which he hail to
make ens that objection; and hoping that that
right construction would be put upon his words,
he felt bound to say that, in this matter, his
noble and learned friend hail fallen into a grow,
nay, a very gross, error. The error was incredible and ex-
traordinary. Tering., however, nut very incredible, nor
very estraordinory, if the Curt were taken into considera-
tion that his noble and learned friend had sat but a very
'short time in his present position—a poeition the duties of
which he undoubtedly tilled with unexampled assiduity—as
judge in equity. There was no doubt whatever,
uo person, who hail looked at the subject hail
ever for a moment doubted, that these clauses were
absolutely necessary in order that the equity juris-
diction proposed to be conveyed to the judges of the
county court. should be exercisea in due es iuree and effectually.
'These clauses in 1833 obtained the approbation of all the
eminent lawyers of the day. They were sanctioned by
Lord Eldon, rod by Lord Lyndhurst; they were revised by
the Master in Chancery; and finally they were revised
and approved of by the Master of the 'lions. The general
objections taken to this bill by his noble and learned friend
were unjust and untenable. 'the bill had been most carefully
ws Weal ; and not a single clause of it had been inserted
without lung and aesiduousconsideration, or without minute
comparison with every statutory and other legal matter
bearing on the question. The particular objections of his
noble and learned friend were not less untenable than
the general objection. The objection to the clause relating
to tithe rents was lased upon a mistake. The clause re-
lated only to special cases in which, it was now found, a
distress was out of the question, notwithstanding that there
might be •property to he distressed (and there might be
property from which to recover even though there might
.no titheable matter on the ground); and he had no
doubt whatever that this clause would give satisthetiou.
Ile could not conceive on what ground his noble and
learned friend opposed the arbitration clauses. There was
_ - •• ..

- - -
little or no innovation. In ordinary arbitration cases, at pre. I '
sent, when a paid arbitrator was employed, the proceeltx
were delayed and retarded, and the whole affair was
costly in consequence of the barvi.ter lacing paid by the day
and not by a salary, thus having no interest whatever in a
speedy deci.ion. What hi. noble and learned friend said of
the Courts of Iteconcilernent um equally inaccurate. This,
surely. was no fancy scheme. It was already the
practice of mire than one half of Europe. But
even were it a novelty, and if they hail no expe-
rience
of the system on the continent, the necessity
of its adoption iu this country would not be less obvious.
Ili. noble and l-arned friend had made an objection to the I
optional jurisdiction clauses, but seemed to forget that the
law as it now existed was open to a similar objection. be-
,
cause, if an action were not local but transitory, the venue
might be laid wherever the plaintiff pleased • and indeed,
at present, causes were often tried in London, and the
witnesses were brought from Liverpool or Cornwall.
. (Hear.) Many other remarks had been made by his noble
and learned friend, to which he might reply, but he would
abstain from doing so until • future occasion, observing,
however, that there was not a single objection made by his
noble and learned friend, to which he would not unhesitat-
iugly pledge himself to give a most satisfactory answer here-
after. Had the bill of 1533 passed, the country would
have been experieneing the inestimable blessiup of local
court. ever since. He designated the blc'asings of them
" inestimable." because when their lordships were
• informed that 500,000 causes had been tried in
thew courts, of which 100,000, in all probability, would
never have been tried but for the county court act, he
thought they would see that immense benefits had been
conferred upon the community. and that the additional be-
nefits he proposed to grant could not fur many years be de-
layed. (Hear, hear.)
The LORI) CHANCELLOR said the speech of his
noble and learned (timid ;Lord Brougham) was very strong,
but he denied that it was equally strong in point of argil-
' ment. Ile (the Lord Chancellor) begged to withdraw his
amendment. with the view of having the discussion
adjourned until to-morrow. when it could he more fully
entered upon than was possible on the present occasion.
Lord Blt01:011AM expressed a hope that their lordships
would proceed to a decision at once.