The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-01 00:00:00

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epterroo did, nwot oat isi In the city of Chichester hichester
othferberewere 14
Mears. Huurphreya—qpd drat Were only three company public boron
in the whole place. Fe doe apish when the petitioner rfwided
' there was at meant totifono poblic home, and yet he had been
refined a license to annihilates-4i edgend en the tray day that licences
`, had been granted to iodhliellweli Id asnekerporhe *here than were
already nine public houneo. Ile dleappostral litiblyof the mole 1
' ip which certain banners trionejrd the peat=ly of pablk hmates,
40 bound the holders of to vessel bow istelmiteely.
With respect to the prank pialtinner, be Moe& bb ease was an
excfttfl4y hard one, aid that the principle it involved was dee a
considerable importance to the community.
Mr. blAßEßLlrmontioned the awe of an individual AN bed
applied for a licence subsequent to the day usually set apart to the
porpoise of granting them,_ and although the Magistrate, were
ansiouspo fiirnbth turn with one, and mato consider the point. they
found, under the exiting Actor PaOisittent, it wan not competent
to then to do en.
Mr. HUSKISSON, in Aniline to what bad fa/en born the Hen.
Member ( Nlr. Psywut) observed, 'that the law relight* to the
licensins of public Nana tun not aviation of trade bat of police
, re Imam. ' The present peiltiona mode dnd sold beer in the city
0 . under the provhion lettatifaind by his Right Hon.
Jiesimilisios Chancellor of the Rseljtestrer, lase year, enabling per..
, sods liikeltreti without It'Mayisunte's Bowe and he cthe petitioner)
1 iimelpposs to enjoy du.tprivilage. /ft the:ifwadiefChicheastr, which
enelatil a very luxe gam there went y 34 aV7 Pub*henna, henna, which exe-beltved were ►etas dials was neeennry t
1 and it wit desirable ep dimes than inOosaa the number. On
this ground he had Coe dDdbr thelleglarstes had acted In declining
; to give the petitionet a licence. Certainly the county magistrates
: had at the time spoken' of licenced two ilieblic:hotnen ; but that
; was in plates beyond the jurisdiction of the city, and wholly uu-
i connected with it.
i The petition wan ordered to be printed.
CHVRCH OF IRELAND.'
t .. ila BUM a ere asleep shit hightail, on the,l,4th ipantist. move
t., •

albs ellirrch of Ireffee-i" I. •
DELAYS IN THE CCM*? GP CHANCERY.
Mr. J. IV 1111,1AAIS rose for the iserpree of taring before the.
House name petitions regarding the dilating delays in die proceed-
, Inge of the Court of Chfincery. lir:isnot his Intention to originate
any motion on the subject of the present state of that Court on this'
occasion, though, if he were disposed to pursue that line of conduct,
he thought it perfectly competent to him to do so, either under pre-
sent circumstances or in the total absence of petitions upon the
subject. However, he would abstain from farther interference in
that particular way at the present moment. A Comtnission had
been appointed to investigate the subject, and although,for his part,
his expectations from the result of the laboius of that l'uornistsion,
constituted as it was were, not over sanguine; yet, 'perhaps, It
would be well to wait for the report which it was to be expected
they would tnake. He certeinly did not think any good could
by possibility arise from their labours; but when he said so, and
objected to the constitution of that Comniisaion, at the head of
which was the name of the Noble and Learned Lord (Eldon) most
interested in the investigation, he begged to be distinctly under-
stood, as meaning to impute nothing more than a perfectly fair
Parliamentary manceuvre, to the Right Hon. rienffeman (Mr.,
Peel) who had proposed it. If he himself were at tbe same side of
the House as the Hon. Secretary, and possessed of the same skill
and the same countenance, (a laugh,) perhaps he would have acted
in the same manner. However, after this concession, he did Immo
mid request of the Right Hon. (lent. that when he should have se-
.easion to make mention of that Commission, he would not attempt
to maintain a grave countenance. (A laugh.) He thought the
gravest of his Majesty's Chaplains could not take up the list and
read it without laughing, particularly when he saw at the head of
that list the name of the present Chancellor. However, he had no
doebt that the time which had elapsed since the appointment of
that Commission, had produud advantages, inasmuch as it had
permitted the system (as the phrase was) to work, and by ripening
smatters, bad the better prepared them for the changes which must
ere long take place in respect to the Court of Chancery. %chat
would the House say, whin It learned that there were at the
present moment for hearing not less than 400 causes and appeals
in that Court? In all, including the causes he hail mentioned,
there were no fewer than 1.200 matters and things, as they would
call them, in Chancery undecided. If those matters and things
were to be disposed of after the usual mode of proceeding in
that Court, as it appeared on the face of the returns of causes de-
cided between the years 1813 and 1823, which was something under
an average of ten causes in the year, the hindermost of them would
come to a bearing—he did not say a decision—in about 40 years.
(Hem, hear, hear.) And with regard to the benefits to be
derived from the intervention of the Commission, he was not dis-
posed to rate them very high. Some persons might be disposed
se Amidst skirt
,612uterials duration for a suit in
(Wier list) 'She it m. ten years, and
the eipsyme lit 19,01047; Ise wee prepared to say that the
lamas at the Commission ialsht,4ll, &home» the time
to nine years aed ten tuned's,. teed the expiate to 9.9991. r it would
be some such copious tedet (a barb) as that the Commission would
effect, bat nothing more. Pit be was not diepoefiel to art-10race
in such a measure of relief, and could not but think something
more was required when he bore in mind the principles of our
general jurisdiction, and those which prevailed in the Court of
Chancery. He did not mean to say the decisions of the Court
could be shaken, but if the necessity of a change were shown.
then that which might be otherwise termed • causeless in-
spiration would be a salutary change. If such abuses and
delays took place under the guidance of such consummate
wisdom, it surely was time for folly to try what it could ef-
fect towards their removal. (Hear, hear) He begged to remind
the House that the jurisdiction of the Court of Chancery had
been questioned by the ablest common lawyers in many instances:
there existed no legislative enactment to sanction it—no imme-
niorial usage; and according to Blackstone, those writers who had
treated on the usages of the law from the earliest periods, previous
to a written code, had taken no notice of that portion of it in after-
times, denominated equity, and which had since swollen into its
present enormous Magnitude. (Hear.) It had been merely swelled
out from time to time, according to the conscience of die holder of
the Seals; and looking at the jurisdiction of the Court of Chancery
in this way, it must be allowed to rest on a very sandy foundation.
Selden, than whom there existed no higher authority, had said,
speaking of the Court of Chancery, ••For law, we have equity,
which in regulated according to no law but the conscience of the
Chancellor, and making the conscience of the Chancellor the
measure of our equity, la all one as though we should make our
measures depend upon the toed of the Chancellor. One Chancellor
bath a long foot, another a idiom foot, and a third an indifferent
foot, and it was the same as to the Chancellor's conscience." ( liesr,
Nod -11sughter.) Thus, instead of a stable we had an unsound
isitladatMn to the jurisprudence of the Court of Chancery, and we
blew not what was law or chat was the conscience of the Chancels
br. However, he hoped, at no very distant day, that an inquiry
mould take place upon this subject ; and he did think the time was
sot remote, when it would become the opinion of the people of
I what Cobtett had ironically denominated this thinking toantry, that
k would be better and more desirable to have a defined system in
equitable jurisprudence in place of the conscience of the Chancellor.
It would then become matter of consideration, how far it was just
is theory, or convenient in practice, to maintain two distinct systems
ofjodicature in one country; and in nothing was the operation of
Vibrepatem more grievous than the manner in which it operated
lopes a suitor at common law. After an individual had ernbalted
he an action at common law, he was taken into equity, and instead
of his claims helps adjudicated by the favourite tribunal of the
estantry,—trial by jury,—be was introduced to a new mode ofjuris-
pendence, conducted by written interrogatories, made by a man in
one place to be answered by the examined in another. ( Heat.)
And this occurred at the period when judgment had been ob-
tained, and at that time did this overwhelming jurisdiction inter-
pose to prevent execution. Surely this constituted a ground for
inquiry, which must take place somewhere or other, and at a
period when the labours of the Commisnion, which only went to
touch the fringes, the skirts, and the rind of thesubject, which could
suggest nothing more than shortening the time between the
aterna and die answer were all forgotten. lie thought nothing
could
be more monstrous than the change from law to equity,
Salk took place in legal proceedings; and whether the Commusion
Gegeged in the inquiry or not, he predicted the inquiry wank' ap-
pear necessary, anti that at no distant time. In the case of gross
frauds in trusteeships, and the absence of any defence, it was vain
to look furrelief against a palpable delinquent, because the doors
of the Court of Chancery were always open for the prottc.tin of
the iraudulent trustee. Again, lie would put the case of an execu-
tor to a large and unincumbered property, say 100,000 L clear. with- ,
out a single debt, and that it was chargeable with a legacy of
10,000/. ; now, if the executor chose to interpose delays. and lie
upon his oars, he might say, " stay till we see how the property
turns out," ad the legatee was without relief other than that to be
obtained by going into what he would call the odious dungeon of
the Court of Chancery. (Hear.) In that place, if lie ventured
into it, he w...tld be deprived of his comfort, his property, and his
life (hear) : nut that they would actually hang him with a haler,
hot anxiety, distress, and lie might add, starvation (hear), would
produce similar effects. Tht•se topics were certainly for the con.
adoration of some tribunal where lawyers, ancient or modern, slid
not constitute the members. In making this observation, he spoke
generally, and slid not advert to any particular individual—the
lion. and Learned Alember for Exeter( air. Courtenay ), or any one
else personally : on the contrary, he equally included himself and
all members of the trade to which he belonged. (Hear.) lie
thought it peculiarly necessary to consider the present state of the
transfer of real property, which was a disgrace to the jurisprudence
of the country, and a subject of satire and ridicule to every one. If
man bought a horse, he saw it, add was enabled to judge diet
soundness and general value : in such a cane, and in similar beer
gains, individuals knew what they were about—at least 99 out car,
100 did. Hut if he attempted to purchase a landed property—say
to the amount of 100,0001., among lawyers themselves., 99 eel of
100 could not ascertain the tide ; and none of them could tell whe-
ther it was worth 1011,000/. or not worth a farthing. Ile repeated,
teen among lawyers, nut pne, with the exception of three, or at
most six privileged persons (he believed the latter was the numbsta
knew any more about the subject than he did of the laws of China
or Hindosran. The validity of titles was a matter reserved for the
consideration of these few elect, whose ways were part boding out,
and as difficult of discovery as the systems of the magi and enrol°.


111

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LAry,' 40Ibo

. .
DAY, JUNE 1, Ins. .
•-• ...;..I Price 7d.
._, ..

oW "J adigentioned this feet, basuastbetssuers
itrte.wee were mg- by it ; and whether thweisisours
that arappated that eacrescence were wholes*** an-
wholemonte, whether lAu>lsere to be abated* not, walifeestobi
as a loaner (4 be alkerwards, as he had ham eel&
Aneelehr mate= to which he iwiehen to advert was esessoollllllke
tritium in its .natire--
`e 'Tie true, 'tis pity ; pity lis, 'Ss tree."
If am indiviettal aid you'l:l.:if an estate worth 20.000 L. as edible -
Ism/ it to a partiality .. sad a question were raised ts Set
the valklity or thew in, it aesampeteet to a Jury to try it ; bait .
a mac died we,* 111000/. in personal property, and the minutia .
disposed, it wee opt an Maue to a .lury to try, it most be drodellifite
Cbmairy, the Cheatellor not haviv the power to send the ism**
i iiiiTiget try. (Bear, free' the BAcitor.General.) The Hamad
llkalivt foe Oxford (Sir C. Wetherell) seemed to disks
alipoilaba. lad it (could be for hlnisto enlighten the House epos
=lll:Miss be arose ; but he ((l. v. 'W.) thought his plans
4 airieet. and that each think! were matter of lime*, ifor
ll* peopag laglad:. The best aubjcc: lie would mention as ea
114 tee baby` was the juriedbuia ei thiqourt of Chancereleee
the mamas of Seskespis, which ainlid ha* out afthebuda
of that Court latielyi, and the p ' Coaternimitelen et
Bankruptcy abogetber revised. JA possessed of great
iuserience in that apartment. and one U.S at all disposed to
with UlliNe levity of antiquated err bed written a pampttleaTt
whirl) he said—') If all that a misebiwsss imagination could do-
alse,aud every destedsive engine net on foot,it would be titan neat is
lespoullide to devise a Cadet MOPS *OAP er worse calculated kw
the attainment of the 'ertaettletalateeg dna the Court in epaesties"
NVhen he haul berme called the atelettiedeif the Hoe** this sub-
ject, he had been driven frinn his position by the constant amnia
that In Chancery all was right, and that no delays or subject fee
complaint existed—in "hart, nothing inconsistent with rig*
With . all humility to tits Cn.nmis,ion which had been -
at=
he would shy, it wee not sufficient for them to tontine t eirturee.
Lions to an amendment of the forms of the proceedings of the Court
of Chaatefri they most enter into an examination of fundamentals,
It therwoidd do Wain,. He mead ay prosad to palace as
petitions and cases towtilt+ he bad alluded-0 the callseleillestintla •
of his address. l'he fret was a petition fear Samuel Palmer, a
churaitranien of the parish of Newington. it related tie the pro.
inedinees in equity upon a r,mnt of a piece cf land which had been,
devised for charitable parochial purposes, by the Lord of the M snot
of Walworth, in the year ill). In 1820 the trustees Med.-petition
in Chancery. stating, among other matters, that, the value of the
land had increased to 6001. The matter was heard in Number,
1820, by the Vice-Chancellor, whoreferred the further consideration
of it to the al inter. In 2 years and 4 months the blaster entidelhis u-
pon, in which he took away the control of the grant, and *aged it
in the hands of the petitioning trustees. Against that decision the
present petitioner, conjointly with the remaining trustee*, mounted
a petition. In Oct. 1823, a petition was presented from the overseers,
praying the Court to restore the jurisdiction to them. A contrary
petition was presented front the trustees. There was also a sip.
plementary one ' • so that in November, .11123, three petitions were
before the Lord Chancellor. Was ht (Mr. Williams) to lee told
that two points had arisen which Were entitled to the considerate:mot
the Court ? The question was, how far the Lord of the Manor.
the Dean and Chapter of Canterbury; have the right to visit.
Lawyers might admire ind say the system was right—they might
regard it as the pmfection of human wisdom, but the untaught,
' unsophisticated, homely, judgment was not able to appreciate its
value. (Hear, hear.) Ile, ignorant man, did not know that, it
' could be necessary that he should be lorry tildes in attendance on
the Court, and be thereby put- to the expense of 681. a ad. in-
dependent of• the fees to Counsel. The petitioner did not clearle,
and with the acuteness of a lawyer, see that it should be necessary
to pay for attendance on sixteen different days, not while the case
was being heard, but merely mentioned, end thereby lacer a
further expense of In. 13e. lid., making in all the sum expended
831. 18s. MI. Nor could the. petitioner, in the fulness of his ig-
norance., understand why for live rears the Gharity should be sus-
pooded—a Charity too from which forty unfortunate persona cit.
aid assistance. Of that number nine were dead, and as things then
stood, none were admitted to 1111 their places. (Hear, hear.) And
that whilst no less a sum of the Charity than 12,1001. were at pre-
sent under lock in the Court of Chancery. Such a system a lawyer
might look upon ss admirable—the theory might to hits i=
most exquisite—but to the petitioner it was neither is
useful, nor in practice 11usti (Loud cries of " Hear, 1;;;;7)
He could not see the necessity of such charges as he (air. Williams)
would then read, an they were copied from the bill of outs I—.
Dec. 3.—Three petitions on the paper for judgment; for
attendance - - ~ . Si 0
Dec. 7.—Three petitions on the paper ; the Lord Chancellor
said he would hear the cause early to-morrow; atten-
dance . - • - t o
Dec. 11.—The Chancellor requested the attendant's of the
Dean haul Chapter of Ciumbtary, who sees Lind of
the Manor of tislworth ; attendance - - 2 I
Dec. I I.—Attended Court .11 day, when. as the modes of
Counsel the case was ordered to stand over - 2' V
Pew attendance on the subsequent day, few which the cue
was fixed at the request of the Learned Counsel, MT.
Staltirel, who, however, said he was pot then prepared
to go into it, on which the Chancellor fixed that day fort-
night for it. (A laugh.) . - .1 10
There were five other charges of a similar amount far attendance.
The next item was—
Feb. 23.—The Chancellor directed the Register to fix a pro-
per time for hearing the cause -
This (said the Hon, and Learned Gentleman) was dies eras ',ohm.
doss, for the charge was but li. Bd. (A laugh.)
March 4.—W hen the remaining points were argued; for
attendance . - 2 8
March s.—For attendance in Court when judgment was not
given. - - - - - 3 0
(A laugh.) No; nor was it given, up to the present moment ; even
now it was undecided; the Court still paused, thottgb the poor ob-
jects of the charity were from time to time driven to parochial relief.
This was the state of the cause—this the grievance. On theft
grounds the petitioner prays this House—the Ilouse of Commons,
to interfere and remedy the delay and abuses of the Court of Chan-
cery. (Cheers.) The next petition which he had to present was
from a person named Walter Honeywood Yates, who declares him-
self entitled to property to a considerable amount in the counties of
Worcester, Hereford, and other places. He says he would recover
this property if enabled to file a Bill in Equity, but that it would be
in vain for him to seek to recover it, as he cannot afford to pay the es-
' pass. He also says that the late Mr. Ricardo. so sensible was be of
ISt tuts a:tending any proceedings in Chancery,that he left the sum
0110,000/. as a nest-egg to provide for the expense of any Bills in
JEquity which may be tiled against his representativea. Such a pre.
caution, the petitioner submits, shows the horror which that en-
•lightened statesman felt in having his affairs lugged into Chancery.
(al laugh.) On these grounds the petitioners humbly suggested to
the House—whether it might not be expedient to bare a Seism
Committee appointed to inquire into the practice of tLe Court ef
Chancery, so that both law and equity may be administered fairly,
with cheapness and despatch, and make them more universally be-
neficial to the country. (Ilene, hear.) The Honourable and Learned.
Gentleman then proceeded to detail the particulars of the ttext pen.
Cum, which was from a Mr. Grummoa - ' - 3,0001.
a-year had been bequeathed. w'
the trustees under it should
sum sutficieut to meet all the
the money was lodged in Chant
have since elapsed, and though
Court, he never received Is. of '
fourth of the arrears, then f
now there was due to hint I,s-
-an ample, nay, an inexhaustii
the interest on the arrears of his
if placed out at compound into
money had been dispmed as we
to which the petitioner was ent
dersbly Increased. The petit'
ship—many of the annuitants s
from want—the sad consequence
tioner complained. (Hear, '
which he (Mr. Williams)
without considerable imputitt,
petitioner begged to remind the
petitions to the House, and that
them, he was induced to present s.
of hi, ruin to the Court of Chancery.
emstial issues is that Court ; It
Gel tleman) his victories were.
was defeating his adversaries, I
undone. (A laugh.) The pet,
( Sir. Williams") feared he could
that he has a manual of the v
publishing, and prays that the
printed, or furnish hint wit)
laughter.) The next petition
prisoner in the Fleet, under an
cery. The petitioner is 71 years
answering cumin interrogatories
Brown was co-defendant .with it.
and five mo-ths io prison. 'l'
and petitioner, who resided as
the proceedings in Courts of Jun--
and his solicitor. The interrogatories
answer WAS not sent in, an attachnien
titioner complains that he was rot eve
' own county, but was brought up to t)
ther with the expense of the attacher
under the head of travelling chary
The petitioner states (hit he has r
until the fees be all paid. the cant
(Hear.) Brown, her 'mire died.
that from hi. great sufferings he fr
tellect, whirl. he since happily re
,:Williams) =grist
tilwaiiiritntigohwreompeishLithithe,:toenireonert:p:•:xwaniumwt;:eastsf:,tee,tvk,sned.eri:cenduip:p..tninohet,:inittsnedart,e
gip ire'
isonbncii
dobirutthhhiactiditiooo_ubtnhe.leeanretienieorartfemi.)l4l

Ortimmow,.- to whom a sum of 3,4001. '
I. In the will there was a provision that
I invest in the Three per Cent. Consols a
he bequests. The petitioner states that : 1
taneeryin 1818, and that although 7 yeses
igh an ample fund was in the hands of the
of theannuity itself; that he received one
for three years he got no more ; that
,3081. of his annuity ; though there was f
ustiole fund to meet all the bequests ; , 0 ii.
' his annuity would amount to 1.1084 ;
interest it would come to 1,1001. If the X :1
i was intended by the testator, the sum
entitled would, by this time, be tonal-
titioner's was not me only case of hard-
its had been driver, to the ..workhouse
'ewe of that delay of which the peti. •
r, bear.) The next petition was one
f undertook to present, certainly not
!unite, —it was front Mr. Gourlay. The •
the house that he before presented
that, as he received no benefit
emit another. lie attributes the .
:liancery. He says that he bad two tufts '
but (said the Honourable and Learns& ,t 4. 1,4
're like those of Pyrrhus, for, whilst he 4 ,
es, he was still in the course of beide
petition contained a prayer which bac
ould not suppor. Mr. Gourlay states •
the whole proceeding!, which be intents
the House may either order it to M
with the means of doing so. (Groat
ion was from a Joseph ilcathcote nova
r an attachment from the Court of (bass. •
years of age, and wan committed for not I
dories in a case in a hicli a person named I 1 liy 1,
ith him. Petitioner in now two years
Grown was a particular tiiend of his.
in a remote country town, ignorant of
of Justice, trusted t.. the co-defendant
errogatorics were tile I. and because the I
3 attachment was tailed, and the psti. - i
wasl, ..
rot even taken to the ga., of his
ht up to the Plc::: prison. so that, rage. l. . )
f i 1
attachment,ietenhhgeedihedecasiai.:
rTnchp.e Rtoarellifmoedetreie:t
iii:iw:oiser e
tie,:
wwicad.f.fluvii•nlrteriTtihliat:o:sterini
bb
estuhlsottacisomitysthi
.
.:g4ch,tiniissnirhYhwteneorehtbotolcihtrokame'valieruo7rawewerdl;:tislicerahnutremmedtiet:teetniheppoianarticesairiehntiomi'neoeiowtewtiltemliskossa..(l6ll-
- the gentleman% 'awns via . 'I \ ~..
acted by such charitable .
aniA ~
sf filing a Bill in Ch Is
remain', and as bur sip
ear.) Tbus lift a by, sag DM Ma .
o
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