The Express.
London, England, 1850-12-27 00:00:00

•
'REPORTED CHANGES IN THE LAW OFFICER

(From the Times.)
Lord John Renton bee lw Wore him an oppor-
tunity of unestespled conveniesse for effecting some very
important changes urgently required by the adenioiaustion
of jus ic.• and by the social wants of (heliometry, and we hops
the government will be prepared to open the session o
parliament with a adds:teeny intimation of its intentions on
the subject of what we may term, by way of distinction,
"judicial reform." To alter the forms of legal procedure or
the technical parts of the law, lea work which the most
active and enlightened statesmen ass only perform in strict
subordisatioo to his legal instruments end advisers. But the
choice of the men by whom judicial duties are to be performed,
and the distribution of the labour created by the stets of the
country sod of the I.w, ere matters which do sot require
the inclusive sanction of profestionsl authority, but
may be most effectually determined by • broad and impel-
tial consideration of the public interests. We recently
ale some observations on the obvious west of adeqsate
judicial stem:gin, more especially in the highest lomat of
the Court of Ctitne,ry (which is now obstructed by greeter
arrears than Lord Eldon bequeathed to his suoceseor), and
Is the two supreme Court. of Appeal; end it appears to be
the duty of the thief minister of the crown to take ouch
measures es may be required to provide a competent num-
ber of the et lest men who can be found to attend to these
essential Interns. The Court of Chancery requires the un-
dived4 d attestiou of at least one obis( judge in equity ; and n
even if that be obtained by separating the political from the
judicial duties of the Chaeoellor, • constant attendance
the Appellate Courts, combined with other duties
in the Rouse of Loris, would afford ample employ-
ment for smother permanent legal officer of squally high
authority and experience. Judicially speaking, it must be
borne in mind Chet the duties of rech • pereoange (assisted
as tiv nil: be by other legal authonties) would have the
highest pos4ible weigh: and impetuses, end would fix the
lair out dispeted queationa in lie last resin. It m
addingfire, of *epeeist consequence that the principal pr
member et the courts of appeal should be Waved for his
legal at:sissies ts, and not for political waists ; and that
mat as of each delicacy, as lot lasts co O'Conneli's couvia-
tion or Me Oorham's appeal, should be decided with judicial
independence, and not oy the opinion of a cabinet minister.
To piece a successful politician and en adherent of the go-
waviest of the day over all the courts of the empire es
chief judge of appeal is an infraction of sound principles
whim could sally be dehinded when the firat legal mistiest
ot the crown wsa indisputably the first lawyer is the
country.
The discharge of theme judieinl duties ought to be provided
for by arrant' mints of a strictly judicial nature, which might
probably grated, at no great coat to the country, by pro-
moting the retires'• alt of one or two of the ablest judes,
with toll psalms, from the ordinary d uties of the bencgh ;
but there remains an immense mess of legal business now
accumulated on the ovarburtioned shoulders of the Chancel-
log, ur dispersed among other offices, or neglected altogether,
which is strictly of • ministerial charactir, and which would
most fitly rime's annelid to the custody of the Great Seal.
We such rt she to show that the Lord Keeper of that talomasie
appendage would not be one of the least occupied of her
Naivety's moisten it we are to suppose him effectually to
pertain the duties which we shall attempt to describe under
tie 10U0Itilli heeds, without any judicial baldness whet-

L As Keeper of the Great Seal, with the general functions
el • Privy Councillor and Cabinet Misuser, this .111 mi
would have ander his sputa care the Seal supervision
el
the iestruseste to which We seal ia affixed, such as char-
ts% lets% patent, tines of honour. &c.
11. He would preside over the administration of justice,
that is to say, he would take :are that the whole machinery
devoted to that purpose was constantly in the highest state of
elliassey, cad that excessive arrears, museum to s denial
ad Pe is,, should not occur.
111. Hs would concur with the judges of the several
seers in framieg and thactioniag rake et pretties
IV. Hs would frame the usual reports on the state of
eked and enamel justice.
V. He could preside over, or cause to be coadueted. thug
ieguirre late the 'tether! the law which have bees mimed
tem time to time to various commision-, but hitherto
with very inadequate result*, because no minister of the
sewn is peesually respon•ible fur the successful termination
of such inquiries.
VI. lie would be especially charged with the legal
Ammer of the government in the upper house; with the
legal hills, cad particolerly with in. cures for the reform of
•.the law, which are now thrown upon men wholly engrossed
with other pursuits, or absorbed in the adomiatratioa of the
km they are Whit upon to alter or Mors
Vll He would regulate the mews, poi deliveries, sad
stessionelly special commissions
Viii. Ue would direct government proseemions. informs.
Seas in charitable suits, At, to be imitated by the Attar.
cry-Geaml.
IX. He would mortise the legal patronage of the crows,
is convincible with the Prime Milliner, and would he re-
smosilde for legal sppointments at home and in the colonies.
X. He would Melee retommadations to mercy and
Adder ecommaicatiooe from the judges, or petitions for
pardon, and UM, the crows in the easels of the preroga-
tive of merry—s dm, of the highest importance, which now
devo.us ea a waists Buffing the office it &crusty ei State,
but whimsy be taagequainted with the sibs et legal eel
deem sod chi adminutration of criminal justice.
The Seth Mika, the power, the emolumeate, and the
osmium entwasd to sorb an office would be an appr
cad, we think, a salliciest reward to the political adherents
of itobeellebtlit in the legal prolusion and these are pre-
cisely the Mass which an able Atemetry Ostend would be
most wapitis' to perform. They are wholly castles from
the qualities sad duos which beiesg to jadicial eminence ;
▪ to dwell OR oily one past, the MOOS for which belittle
progress r side is the Mom of the law in Bastard is
obviously because that case is Welly eeehded to ma whom
habits sod interests all tend to sake them eessatially saw-
mucous • even of abuses. Amu the duties which might be
mused to the custody of the Great Seal we have included
some sow performed either by the Attorney U. lor by
• the Home office, but they would devolve sere fitly on
the thief legal Selig. f of the crayon ; and b removing
homes of • purely legal character from the Secretary of
State toe the Home Departure at, it might, as wee suggested
bi Sir Robert Peel, become practicable to Waster the admi
itineration of Ireland to that office whenever the lord lieu-
tenancy of that kingdom is abolished. In different words,
another high legal nancuonary, neisessabered with judicial
basmes, would be • far greeter pis to the administration'
of public affairs thus a funk Secretary of State ; and such
an appointment would give a assaiderable secession to the
strength of the appeal courts and the courts of equity, by
Ignoring to them all the time which is now diverted from
them by political and administrative occupations. The adds,
lion to the soot of the public establishments would probably
act eland the amount of the salaries of one or two !alb
officers of State ; but though we are act stisica•es for the dis-
proportionate emoluments which have hitherto bees attached
to the chief judicial offices, be the sect what it may, there Ss
no economy so blind and paltry as that which remiss the
means of wiministeting jugs, to • greet immunity. The
losses, the icooavenience, and the upsilon atteading the
present sues in the Court of Clammy and the Coons a 4
Appeal would pay the sitarist of twisty Ctiaticelors; and a
government which does not raise the judicial establishment
to the degree of streseth required by the business of the cows-
try, obstntets the very guru of law. fee combos law
courts are in themselves more numerously messed, sad
thou business ha. hew materially diminished by the
ez;ellent measure of the County Courts. But equity still
lows in • single narrow channel, though it now *Meads to
a very large properties of the property et the sentry, sad
includes the themsetable questions which have arises met
of railway ingestmests and most of the forms ol modem
seeulation. The communist is, that not only the Court of
Chaste ry sinks under arrears, which increase rather than
diminish slue Lord Cottenhus's illness and throw the
mart into Ite present state, but the other duties hitherto
performed by some of the equity judges are asesseuily cur-
tailed, sad it betionars urgent far the g meat to take
Iterate* and effectual measures for the remind! of an evil
which it is beyond the power of the four equity judges, as
at present coestituted, to surreonat.