The British Press; or, Morning Literary Advertiser.
London, England, 1826-04-19 00:00:00

CO f OF CHANCERY.

Mr. HUME said that lie rose to present a petition from William
Richardson, late a labourer at Milton, but at present a prisoner in
the Castle at York, under the order of the Court of Chancery, for
contempt. The unfortunate person, from whom 8e (Mr. Hume)
had to present the petition to the House, bad been up to the year
1824 a labourer, and had led a Comfortable life. In that year he
became possessed of property amounting to about 701:1., in Which
he had a life interest only. There was a mortsesige Ost the property
for 3001., and the mortgagee cdminenced s suit, egalfset the pest-
tioner in the Court of Chancery. The result of that suit,,zi coin-
tuencest by the mortgagee without the knowledge of tbe pationer,
was, that he was served with a piece of paper, in which it was said
that John Poe and Richard Roe had attacked him, the said plain-
tiff, with knives and staves (A laugh), and that they had pos.
sensed themselves of certain honors end lands--whereta the Ra
th ..er had but one house and no land ind that, upon the authority
of that paper, he was conveyed a prisoner to York, fur not answer-
ing the bill which the mortgagee had entered against him. He
consulted a solicitor, and was informed that the ;0(4. might be
obtained to pay of the mortgage; but when it was found that he
held the estate in re‘ersion only, in favour of a boy of seven years
old, he could not raise on? shilling upon it., Under those drcum-
stances lie was doomed to remain in prison for the costs of
the suit, in not answering the plaintiff's bill, which amounted
to about thirty pounds. Thus the petitioner was ruined in
fortune, and the coming into the possession of an estate was
the reason. An arrangement was attempted to be made, by which,
under the process of the Court, the property might be sold by con-
sent of the minor, and hn application was duttle to the mortgagee
to pay the expenses to enable theta to do so; and to pay himself
the amount of the mortgage, as well as the other expenses, mit of
the proceeds ; but the individual in qua Lion refuse;) to accede to
the proposition, and the petitioner was doomed to remain in prison,
and in all human probability would not live to see the end of the
suit. lle (Mr. Hume) would ask, if it was not dis,nisting that such
a state of things should be allowed to continue, and only because
the individual aggrieved heal not been able to put in his answer ?
He would enbniit therefore, whether the practice of the Court or
Chancery was not disgusting? and lie was extremely sorry to think
that the Session was likely to pass over without benefit flora the
Bill which was to be brought in on the Report of ths Coninns-
sionevs. He had expected that the Bill would have been brought
in in time so hive passed ; but as it now appeared that notice was
only given for the 4th or 4th of May, it was therefore impossible :o
be gnt through the House that Session. It was a curse to the
country to have such a Chancellor, and such a Court of Chancery.
(Cries of hear and order.) Ile woeld repeat that they were the
greatest curses that could fall upon any country ; awl he would say
that thooe were the parties to be blamed who had allowed the evil
to go on, having it in their power to afford a remedy. The Lord
Cimneellor had presided over that Court for the last tweittstgve
years, and had allowed those abuses to remain which wered. ce-
ful to him individually, but it was more's° in thir House fur not.
baying iaterpobell. The practice of the Court of Chancery was

nicotined to deeolate the land : and the ease of the individual he-
fore the House showed how a per.na might be oppreatted. The
Hon. Untlernai conelud el by 'resting that the House wouldwaito
the rase of the petitioner int., their corielderation.
Mr: LOCK HART could nut bat atinettler that' the disarming
of the Hen. Gentleman, as regarded the cord Chancellery, wag
uncalled for, for the tord'C'hancellor never bed ihe power of mahillg
any great alteration in that Coin. 00 the *able& of delay in the
Court of Chancery, he would say, that it. rested .as much with the
parties se with the practier of the Coen, and he could wish to sop
1 a power to punish Omer iota had the moires of proceeding with
their suits, bet did not do their duty. He would beg to feinintl
the lion. Member that power.irdstleen given to the I neal vent Cour.
to (Unhinge persons from custody under contempt for non-pitytnent
of costs—a power. the granting which he (Mr. Loellisri) hut
strongly contested the propriety of vatting in thin Court. Thera
I was stinther clews of contempt—that of -realm' to convey propatr I
and he thought it would be very proper that en anthorhy striali he
ee,ted in en officer of the Court for that peartro.e. Ile titer alp It
wooed be very deorable that the Lord Cheocellar tihould base tint
power of exstahritig different cases at rusted peroda in oilier to
relieve applicaws, whether from costs or front any othertause.
Mr. hearary rciii.t., will that. from a common aentie of 1i
the Hem Gentleman lAI r. Hem/ ought to have given scilicet-and
he proteetid sgeitter Lay individual foe.' ding such charges care set
giving notice, when pceaday some satialamery expionetiou might
have been afforded. Tao indletdual in miestion eonsplinned 4
having been committed tor contempt. and complained of the con.
duet or the Court. I+ was imposeibto teary under what tionterse.
*mune the, .erwin in mteetien was cnottnterd. beweliverer•eterata:
;ral the ," .shoold Ire "jadttett "ip ha tier. of itarcar.-. env!, sot
Matdd .die been Opt tairlo haVe'IOII):OWSWO oreavreh
for meld
Tat e:if .If, ITOR -GEN ER A L observed, that a judge was 1.17,,
' titled co be treated with some decency sod respect; sad therefore ?ease
notice osikht to have been given to the Law Officers, or to some
nthe:peraost, of tbeproapojalion of the petition. lie (the Solicitor.
General). was not in th. 1101110 ashen-the- Hen. Member (Mr:
Hume) spoke, but he understood that he had said that' the 'Court
of pathway and the Judge aho presided over it were a curie to the
enontry. and lee would auk if such was the species of lamp Lae to
he used ? The 'louse of Commons would itself become a curnalf
a man was to be bound down and placed as a defendaet, eintope
being afforded the privilege of a defence. As to the named. or obi
petition he (the Solicitor-General) knew nothitig, for the Honour.
alt!e Member did not explain it. The Honourable eleatlermai
(11r. Hume) railed the Court a cunee and the practical granting
Of the raw in that Court a curter was be prepared to make it appa.
rewt that the petitioner's was a ease which could warrant hint 14
stating that ? Large as the liberty of expression was allowed to be
used in that House. he trusted that the Honourable Member would
not use language there which he was not able to do in soothe*
plsee. If the Honourable Gentleman did nor, in hie reply, make
nut the case which lie had atated, than the curse would not vest
noon the Judge excused, but would revert back upon the head 4
the accuser. ( Hear. heat.)
Mr. P. GRENFELI4 said he was sat in the House when thei
Hon. Member (Mr. Hume) spoke; if hi had said the Lord Chan:
(alloy was a curse, it certainly was not becoming ; but if he bad
sail that the Court of Chancery wean curse, he (Mr. Gren(ell) weg
prepared h) state, rut hit conscience, his belief that such wart Old
fact. lle would state, in one short sentence, why he thought e 6—..
because it gave the rich man the power to injure the poor. It ,wag
an eraine of oppression. and therefore it was not to* much waif
that such a state of things was a curse to she coney. fie could
not but express the great disappointment he had exoeriencedin the
Report presented to the liouse, by finding that there wet nothing
offared as a corrective of the great abuses of the Court of Chancery.
He would particularly allude to what was called a fishing bill; end
as the House might not know what that was, he woad atzte•tt id
them. it gave a power to any man to accuse another of the ma's;
heinous offences; he might state anything, the whole beings tic.
tints. This circumstance might not affect the Han. and 1e
Gentleman opposite (the Solicitor-General), becatite he iiiie iarlng
practice of hearing of such things every day ; but it was a powee
given to the rich to torture. harass, and distress the object of attack
for weeks, months, and years, whose whole life might be etiokoled
in resisting such attacks, and he much regretted there was no eta.
receive applied to so great an abuse There was not any patl in.
diction for these vexatious acts, which were carried can at at cror. .
mous expense ; the only result was that the cause was dirmissed;
and the party was subject to the payment of taxed costs ; and yet
there was nothing In the veep of punishment for swab ecandaloav
conduct. It wait not right of his Hun. kwiend (Mr. Hume) to
apply the term " cone" to the head of that Court, but he *as per.
featly justified in his other assertion ; and he (Mr. Grenfell) agreed
in the position that, according to the present practice of the users
of Chancery, it was a nose on the country.
Mr. H. SUMNER said, that more indelicate and oueregnme
terms bad never been applied to any public functionary; andhg
trusted the lionnuvable Member ((Mr. Hume) would give sow
eismobiese a Via ststesiank ',, .1f -4selhid not do se. the II m
would not do its duty tinkle they came to a resolution
ratory of their feelings on the subject. If the lionourableMswis
ter did not get up, and make out that those epithets wee de:
served, he (Mr. Stunner) would submit such a resolution to the
House. The delay in Chancery was not the fault of the I
1 Chancellor, but the fault of the Honourable Member tor Peer ' '
(Mr. Grenfell), the Honourable Member for Aberdeen ( r:
Hume), 'and himself, that they had not remcdie I it. lle was satin:
fled that the soundness of judgment of the Lord Chancellor wad
the greaten blessing any country ever possessed. (Hear). • '
Ma HUME said, that it appeared the language lie hod itted
as to the Court of Chancery was considered too harsh. He (Met
Hume) considered it perfectly appliaable ' • and he begged the flop:
Gentleman (Mr. Sumner) to take down his words. Illistever h^4
opinion might be upon the subject, it appeared upon those oilier.:
sons of experience that the Court of Chancery was a conic on' ets
country, and had been for a long time. He (Mt. Hume) wontti
beg to notice what had fallen from the lionoaratile and beadle
Gentleman (the Solicitor-General), who supposed that he had not
made out his case. He (Mr. Hume) stated the facts of dip case :
That an humble individual had property to the amount of se.:
ven hundred pounds, which was settled in remainder to a Mild og
seven years s.f age, who was a sharer ei• his captivity ; that re t-on.
sequence of a mortgage on that property he was arrested. and Mai
he could lint obtain it, because he had only a life interest in itallarg
returns that had been presented to the House strewed that manr
individuals hadlingered out a mise-a, tele ex:stenoe in enema carter
meet for contempt of the Court of Chancery: ' One of limit had
been Incarcerated twenty-nine,ao i ;mother shirty-two yeats ; theeea
fore the one before the House was tot en insulated east, bur in aca
cordance with the general practice. As to the facts elite me, ts!
did totertlin their truth. He conferred with the solicitor who
drew up the petition, and therefore he hod neither hastily neteestiti
taken up the cause of the petitioner. Wye was no supposttioN bob
that the unfortunate individual in question Mum tiller Mit a ada
serable'extitence, unless hie cause was entertwined by that linute.
What then was be to denominate such a Coulee of pirceelling ? le
was necessary to express himself strongly, and not bra mini and
water mother ; lie would therefore repeat, that the Come of Catoa
eery was a curse ; and was he to call it less so because it had
existed many years ? Those practices had all been allowed so gist
1 during the period which sie present Lord Chancellor had presided
over that Court, a term of not less than a quarter of a confetti:.
Then he would appeal to the House upon that, whether emits*
made . out his case. He would, however, say more : it the Lett
1 Chancellor had but known—for he could not have so llttleelddillotr.
nity in his bosom as to have allowed them to eotture—thtadrieeig
a curse upon whole families, ruined by the practice of his fietiftiti
he would have felt the necessity of remedying such defecate,
(Mr. Hume) had stated. If tbe Lord Chancellor had alifd
least attention to the practice of the Court, n:uth Amelioration Inter
have taken place, and much misery would have been prevented:
He would repeat, that the practice of the Court of Chancery our'
curse. and If it existed by the misconduct of the Lord Chanc'ellors;•
he would deserve the same appelluden.
Me. 11. Ef LIMNER knew that, aeon/ding to the form of peened.
Mgt, ;taconite not Men men that the Honourable Member's word,'
should be taken down, riot having done so at the time hems(
them ; and therefore he could not make them the subject of a met
' Una; If however, the lion. Gentleman would say tied the Loyd
Chancellor vas a curse, as he had originally done, then he would
move that tha Smits shOuld be taken down, and he would submit a
.. I
motion uptn) it. (Hear). .
Mr. EIeLICE said, if the Hon. Gentleman (Me Sumeerl wag
tendons for Oa words used by his Hon. Friend (Mr. Hoene), hi'
was ready to repeat, that the administration of theCoort of Ohm,.
eery was a curer ; and if that wait occasioned by the adminietretot,
be was a curse also.
Mr. Secretary PEEL observed, that thote were net the wattle
used. (Hear).
Mr. ELLICE and Mr. Strmetra said a few words; hut fro%
the confusion that prevailed, we could not patch their effect.'
The petition was then. read.
On the motion that theaeetitien be printed,
The SOLICITOR-GENERAL rose and said, that he believed
it would be no difficult matter to satisfy every person in that House
that there was nothing more in the proceedings eomptsitted of
in-the petition, than what every attorney in the kingdom wad ilt ther
constant habit of doing, in the ceercise of his Profesaien, althourti
they were now charged against the Chancellor, and had tined
from the Hon. Member opposite (Mr. Hume) such bitter ae4
stinging animadversinns. (Hear, hear.) Wharwati there in tbg
question before the House diiferent from the usual mending*. irs
the case of money advanced upon mortgage l' rwmongagee de:
mends his principal, and it is not forthcoming. lie tiles a bill id
' equity, to which the mortgagee does nut choose to give en antiwar.,
upon which a foreclosure necessarily takes place. Such Was 014
real coadition of the question before the House and thtt Hon:
Member for illontriwe should have been lostsevelenga Leeson. di
mortgagee, and not against the Lord Chancellor. (A hotel.
If the mortgagee was anxioue to have his money. Om 'oil!
the lion. Member have him do, in order to get it, if be were d '
to termite the usual cowrie of law ? If the case were lice Oft-
Iltaoe's) own, he would ask him whether he noutd prof
compel the man to put in bit answer, or to' take the' ego F
quences ? (Hear, hear.) Would he flat, he would ask, -id
man to prison if he obstinately persevered in reftoing to mit 'la Is
answer? It appeared, however, that the petitioner had soiled tg
an attorney to put in his answer; and it certainly nirphetappeof
that the costs of doing so might be as much as 101. ca 21ii. Ur.dek
such elteurnetances, if the man 'was too poor to belt thg
expense, the attorney would naturally require Fealty for pe I. ay,
. - •