The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-25 00:00:00

LONDON-, WEDNESDAY, FEBRUARY 25, W 24.

SOMERSET-LIMISE GAZETTE and LITERARY
MUSEUM of lam Saturday la nor reprinted, and may be luml
of W. Wefts, 21, Flortottret ; and of all Booksellers.
_ _

THE NEXT OP KIN (if any) of JOAN 1/.111-
LING, late of North-street, Cit -road, in the Parish or
ss. Luke, is the County of Middlesex, ,by applying to
Ilr. Evans, No. 122, Fleet-street, London, may hear of some-
thing to their advantage.

FROM LAST NIGHT'S GAZETTE.

lord Chamber!abet (We, February 24, 1821.
Orders fur the Court's going into mourning. on Sunday next,
the 29th instant, for the late King of Sardinia, Victor Emanuel :
The Ladies to wear black silk, fringed or plain linen, white
gloves, necklaces and earrings, black or white shoes, fans, and
"Pr'
Tndress—White or grey lustrings, tabbies, or damasks.
The Gentlemen to wear black, full trimmed, fringed plain
linen, black swords and buckles.
Undress—Grey frocks.
The Court to change the mourning on Thursday, the 4th of
March next, viz.
The Ladies to wear black silk or velvet, coloured ribbons, fans,
and tippets, or plain white, or white and gold, or white and silver
stuffs, with blank ribbons.
The Gentlemen to wear black coats, and black or plain white, or
white and gold, or white and silver stuff waistcoats, full trimmed,
coloured swords and buckles.
And on Sunday, the 7th of March next, the Court to go out of
mourning.
Crews Wee, February A 11124.

PARLIAMEN'AMY INTELLIGENCE.

HOUSE OF LORDS, Tur.spAr, Frs. 24.

TRINITY HOUSE.

Mr. Maltby, from the Trinity froUse,ptesented an account of
the receipts and appropriation of the surplus rates at the Trinity
House, for the year 1823.
APPELLATE JURISDICTION.
The Karl of SIMPTESJIURV moved that the Report on the
Appellate Jurisdiction be printed--Ordered.
MARRIAGE ACT.

..........
The Bishop of EXETER. brought in a Bill to amend the pre-
sent Marriage Act ; the object of which is to enable Marriages to
be solcninisvd wherever banns are published. The Bill was read
first bole.—Adjourned.

HOUSE OF COMMONS, TUESDAY, FED. 21.

CRUELTY TO ANIMALS.
Mr. MARTIN presented a petition from the inhabitants of the
town of Manchester, for the abolition of bcar.baiting, dog and
monkey-lighting, and all other cruel sports. Ile observed that it
was signed by upwards of 700 persona, ani that a great many
other names would have been added, if the petition had bean left
longer for signatures.—fhrdered to be printed.
ASSESSED TAXES.
Colonel PALMER presented a Petition from the inhabitants of
the Parish of St. Michael, in the City of Bath, against the Assessed
Team—Laid on the table.

Mr. CI TRWEM preseturs) a petition from the County of Cum-
berland, praying for a repeal of the duties on sheep dop--Laid on
the table.

3Liler9 TRADE.
Lord NIvOIF:NT proemial a pottage from Buckingham against
the Slave Trade.

Lord EASTNOR preeented •similar petition from the inha-
bitants of the City of Hereford.7.-prtlFed to be printed.

quiry Into the then administration of justice— an inquiry not only
benefiting the people then, but extending itself to those who long
after should succeed them. Hon. Members were aware, that die
Chancellor of those days--and he (Mr. W.) spoke it with grief—
was not clear from the charge of personal corruption (by no means
applying now-a-days); but still it appeared that the then (imbed-
)or approved of the Conunittee, and assented to the proposition, that
every man might speak freely of his Court. The result was, that
inquiry took place, and signal discomfiture' followed. Os such
grounds, however, the then House of Commons formed itself into
a grand Committee. In a much earlier time, too, the House of
Commons superintended the complaints made to them of the delays
of justice which took place in the country. So early as the 11th
Edward the Third, an Act passed, reciting, amongst ether things,
" Now because delays took place in. giving judgments, sometimes
in consequence of the difficulties lowing from the various opinions
of Judges, and sometimes fur other causes, they agreed to hear
such complaints, and administer redress." That being done, ar-
gued so far that the administration of justice should be carefully
watched by the House of Commons. There were other instances,
in modern times, in which the House had interfered by way of
inquiry. (Here the barking of a dog caused some interruptaon.)
lie alluded to what had occurred in the recent appointment of an
inferior Court, to regulate the most worthless part of the commu-
nity ; only worthless, however, as they were a set of men who had
lost all their money. It was not till after ten Reports that that ape.
cial jurisdiction was appointed, and that at a time when the gentle:
men op ice placed little, or no reliance at all, upou the persever-
ing zeal, and talent, and industry of one of his noble friends, who
could not introduce his bill Co an admittedly sound and useful ob-
ject, without having first ob the sanction of a repeat of a com-
mittee. He then spoke of ". saga-Chancellor's Ceara; and he
should think, it; In a eau hasportesea, soh*, warden*
tee
without the imetTerence of a committee, Bought not to be done
in one of the highest importance. But he was by no means driven
into analogies here ; inquiries were the order of the day. (Hear,
hear.) Ile need only notice the inquiry in a certain quarter of
(heat Britain which had lately been permitted. It would there
appear, that, from the accumulation of appeals in Scotland, some-
thing was wrong in the law in that division of the ceitintry,and upon
that suggestion a northern expedition (ommissiou) was fitted out by
Act of Parliament. A commission was sent to inquire if all was
right and sound in the state of Scotland, with full powers granted
them by the 4tb C.1V.c.83, to inquire into the practice of the Courts
of Session and Appeal, and report how they might be improved by
simplifying and shortening the forms of pleading and proceedings
in these Courts; and whether, by a separate jurisdiction for decio.
ing questions of JAW and fact, a change for the better might not take
place. And the commission was further empowered to send for all
persons and papers, and records, 'hie!, might assist them, with a
closing injunction to signify their opinions to the House. This wise
and salutary me,:eure was productive of much good, and lie wished
that it were followed in the present case, with one only exception,
namely, that prof.sisional men should as much 113 possible be ex-
cluded flow it, because they were men who from their habits of life
were more likely to be blind to defects, or warped to certain in-
terests and usages than others ; and, he therefore said, for such a
commission substitute a Committee of this House. Was he to pre-
sume that that which was safe as to Scotland was unsafe as to Eng-
land ? Was he to presume, that althougb Parliament legislated in
one case, that in another, where the danger is not so remote, where
a hundred-fold more dangers to suitors occurred—where patients
multiplied—where a nuisance was spread over the land (cries of
"Hear, hear, from the opposition benches") was he to presume that
in such a case, the Parliament would shut its doors against legisla-
tion—no, not legislation, but even against inquiry ? On one side
of the Tweed, inquiry was foundoo be good, safe, and wise—on the
other was it to be considered evil, unsafe, and umrise ? Such,
however, was the dilemma into which the opposers of his proposed
inquiry would be driven. It was charged against him in the for-
mer discussion of this subject that he was munly ignorant of the
practice of the Court of Chancery, and he here felt no hesitation in
strewing it. Practice in it, as an advocate, lie had none ; practice in
it as a suitor he never would hare while a pistol was at hand. lithe
people of England were to wait fix an inquiry into that Court, until
they all had sufficient expatentx. he ventured to say they would
have to wait a cunsitletab e time. In fact, the inquiry of indivi-
duals could do little, as the bead of the Court of Chancery bad such
an trocenclancy of patronage and power. Soliciweships, Master.
ships, Commasionerships, Clerkships, were all dancing before the
eyes cif gentlensen who attended that Court, which prevented their
seeing the magnitude, the proportions, and dimensions of those
which their unhappy clients so severely felt. With all
Eeternseeysagainst him, he still felt lie had • lions support toles/ on
—for he would state nothing but whet was true ; and facts, how.
ever disliked, he declared should bays fall utterance from Ms.
3Hear, hear.) Another di/Sadly, besides his uuacquaiotance with
the pretties of that Court, also beset him ; for whether be argued
upon- principle or mien fact, or a the best information be
could obtain as to practice, the at the ether side tweeted
everything as erroneous. They said that he merely asserted the
existence of abuses, and he was charged With going beyond the
period, when the real subject of inquiry was proposed to the House;
as if, forsooth, it was now leR for the 'first tone to any mu. to
complain of the delays In the Court of Chancery,--11111 if he now may
only broached that r the that time, which was notorious front citu
end of the toiletry to the other,— or as if, in so stating, he was
stating some glittering paradox heard for the first time ; while, is
point of solemn and melancholy fact, he had multitudinous and
utuladableproofs for all he bed asserted. PIA .Gentlemen opposite
main to contend, that all private information, that all public mote-
' eiely of a fact, must be discussed, before it attained credence in this
House? e.rever one gou, die delays IrtChancery art toned of;
whether we meet one in society, or jostle one in the street, or con-
vene with one in a coach,—everywhere one heats the same, and
everywbere the truth was admin.:A wad lamented. (Cries of " Hew,
hear.") Ile stated in the former discusaion, the difficulty wbieb he
felt in obtaining information relative to the Court of Chancery ; he
' had been charged, when so statist, with uttering a deliberate more-
' presentation; bus he now, as be then, most solemnly asserted,
upon the honour of a gentleman, as well as in his place in Perlis-
ment, that he found it next to impossible to get reedy information.
Ile was met by denials and wertions beyond most others who had
ever offered • proposition to Parliament, and that very circum-
stance was now most material for the consideratioo of the House.
Ile had howl ofa cause in the Court of Chancery, which could not
be called one Of dday, as it was determined in less than 98 years,
(hear, )tear), but victory and ruin had there conic together. Ile ap-
pl_kd to the solicitor who had conducted it, and saw bin. He Olt.
W.) suited his name and object ; adding, that if the information
were to be considered as of a private nature, he would pot receive it;
but if smith were not the case, he would oily use the result in
his place in Parliament, witboto entering into particulars. The
mention of this Honor awoke the solicitor to a sense of duty, and
the information was withheld trim him (3lr. W.) In another case
of which be hid ins& as illustrative of the delay and ruin usu.
sioned by the present pismire in Chancery, he waited on a solicitor,
who informed him, slier the slightest communication, that there
were innumerable instances of a severer description than that of the
20 years' wee to which lie had just adverted. The solicitor then en-
tered into • detail of several, and made the most free and unreserved
communications in the conversation be (Mr. W.) had with him. But
the moment the Solicitor saw the notice of this motion in those
vehicles which daily pee the occqrrences of this House with web
remarkable des usch to the public, all those particulars were
witbheld. (Cries of " Ilear," from the Opposition benches.) He
could mention other instances of the same description, but that it
would be idle to waste time in their repetition. He mentioned these
things with a view to shew the up-bill work he had to get through
in bringing forward this motion ; but difficulties, in place of
daunting, only served the more to encourage him, and convince
him of the necessity of a thorough inquiry. neer was another
case of a single women, who had a small fortune locked up in
Chummy, aria as she was driven to the utmost distress and ulti-
mate ruin by delay, he was anxious to learn all the particulars he
could. Ile therefore applied to the Solicitor, who told him, the case
was bad indeed, but that he knew of several which were much
worse. The Solicitor, seriatim, went through several; he stated the
distress of his clients—his own incessant exertions to procures judg-
ment ; he expressed his readiness to let Mtn (Mr. Williams) have
the papers, but he was then occupied and could not spare time to
inspect them; subsequently be went several tittles to see them;
then came his notice df this motion, and the Solicitor refused to/
give any portion of that information which he had volunteered be-
ftwe. (Cries of " Hear, hear," front the Opposition benches.)
There was another case to which he also begged tisattention of the
House. A certain respectable solicitor het siren him • bill of
costs, which he (3lr. Williams) had Intended to use; but the
solicitor wits so afriid if he (Mr. Williams) used it, of being
flunked, though not in the Court of Chancery, still in the sur-
rounding offices, that he (Mr. Williams) consented not to state it
to the House. These were the things which were stated to be mill-
representations, if not untruths; and he again challenged their
dcniaL He did this, not fqr any personal consideration to himself;
but to shew that he came to state this case, not with information rea.
lily granted, but which in • committee he could °annum.. This
respectable body of solicitors reminded.bim of a passage in Burke,
in which, when that great man was describing a certain class of '
men, he said, they were like eats, who could not put out their elee-
tncal light before their backs were rubbed. (Laughter.) Ile consi-
dered that the information he could himself bring, and that which
was withheld, would prove two reasons for going into a Committee.
lle impel lie should not agile be reminded of his ignorance on this
subject, if he referred fur facts to the reports which were already on
the table of the Howie ; and if he, who was so unskilled, could ad-
duce sufficient reasons to go into the Committee, he merely put it—
with how much more faros it must have come If taken up by one
of greater practice, greaser skill, and greater experience in the'
Court of Chancery ? The House world bear Is mind, that he had
moved fora Return, which was now on the table, of the number of
aczals anal re-hearifts„ Rom the year 1813, when the Viee-Chan-
was appointed,to the end of hat year. That Return pre-
sented a list of 108 er 1611 cues, of which 84 were withdrawn or
otherwise Naiad ; but of effseian ceases 84 or 11. i remained for a
period of 18 years; se that it would appear there were eight appeal.
sod re-hearings heard and determineu in each year for that periods
Ott • former ocesaioo Wind Word the business of the Chancery
Court to be in " admired disorder." That meant, in other words,
that it was difficult to say when any cause came on; and a muld-
*lefty of conflicting business, whether in private or public life,
mum always hePreductite of considerable difficulty. By looking
at the rtturry before them, they would find that of twelve cases
Mee vsre.t4rge In which seven years dapeol,between the peidon

Price 7L

• ...

and the order ; three in which six Sears elapsed : nitlwind store—
in what time did the Home suppoic ?—in two months. Theta win.
104 appeals in the paper; and how, except from some disouler,
could be find cases of six and seven) can standing by the side of
those which wereonly two months? That fact alone was worth
a whole volume of commentary. The cases were only taken by
fits and sta-ts, without system, order, or regularity. The Hon. and
beamed Member then proceeded to state a satiety of eases, in
which parties had compromised suits, in utter despair of ever ob.
mining. a decision Fran the Lord Chancellor, and which ultimately
coded in their ruin. if after all he (31r. Williams) had stated. -
his facts, his documents, and his arithme:ic, he could do nothing,
he thought inquiry was absolutely necessary. lit had obtained a
return of cases in the last two yews, from which he discovered that
their being heard formed no Eair chance of their being decided.
There was the Attorney-General o. Mansfield heard, but three
came a question of coe.s, and the order was not drawn up. In
Cox e. Lord Somers there was a re-hearing, but no judgment. In
Powell v. Muslim the appeal was in part heard, but no judgment.
So that, in fact, with the exception of the Collegiate Church of
Manchester, which did net occupy ludf an hour to the hearing, he
found it was the only case which formed an exception to the
rule of giving any thing like the hope of a speedy decision.
He begged to remind the House that Vs. 44. war chargeable by
the solicitor on the suitor for every ease that was set down Mr heat-
ing ; and If. by him and the clerk for the time between 1:no-'n;
and judgment. Of the cases that were to come on last he wonlo
call the attention of the House to sonic that were in the pacer set
down for hearing, which frequently creak"! uselessly a weary heavy
expenditure to tile pasties. The brat to which he would call the
attention of the HAW* woe that of Wieotiolt mid Logan. That
which was to have WWW ea in Qualms hekbeen am down fifteen
times in the paper-without being witched. There woo another cep,
that of the Atterney-Generel against the Corporation of Ilris:ol,
which had obtained precedence, and which, although it had het...
twenty.four days in the paper, had never been touched. The ens,
of Canipbell and Ward was another, which had been frequently
set down for hearing, and which had been dealt with In a similar
way. The case of Powell and Al uskett, after harries been re-
peatedly tappointed for hearing, was finally heard, hot remained
as yet undecided. Thus he had not relied on vague or idle DWAT-
don, but was ready to adduce documents which would prove the
accuracy of the allegations he made with respect to cases of toe
latest occurrence, for he had preferred to select those instances of
delay with which the latest information supplied him. He knew
by former experience that it might be said now, as It was before,
that these delays did not exist, or if they did they did not
produce inconvenience. Indeed there was no amenion too
sweeping, or no proposition too paradoxictd, which might no:
be made in that Douse, provided a Member who made it was in a
proper position. (A laugh.) To autbariza any amertion did not re.
quire the solution of reason ; it wait a mere question of locality;
and as he, by being at the side of the House at whkii he sat,
in a wrong position to warrant the privilege of such vogue " -
irons, he did not feel himself privileged to say any thing that.
could not prove. It would be therefore necessary for him tole
somewhat two detail, and he hoped for the indulgence of astir's**
whilst he discharged his duty to them and to the public. in poildisig
out and illustrating the effects and consequences of the nostrilsof this Court, as drawn from recorded and well-authentimmedoes-
went*. (Hear, hear.) The case of Dudley 0. Freemen and. Me *
which lie was desirous of inviting the particular attention-of die
House. It appeared, that so far back as nscs, a Mr. Keedieginedie
a will in favour of the children of Mr. Freeman. Mr. Ikidley,
who was trustee to the will and heir at law, filed a bill to encase
the trusts of the will. The bill was filed in 1184, and IX: • de-
cree was obtaiiied and a receiver appointed. Me. mars
decree was allowed a hundred a year, which was
hundred i this was a temporary allowance. Soma the.
however, a doubt arose, front au action intelastod in s
kocery
of law, as to the validity of the limitation, b Mitch the
of the will was construed in flavour of Armenian. MM.
Hadley, on hearing it, filed a kill in , in tigalp
that this point might be determined. The House ameMite.
mark that this bill was filed in 1812 t la 18111, ell rid* Air
wards, it came on to be heard, end judgment wm4edutid, mitts
ground that.the bill was not drawn ip In a regular:km. Is HMI,
a hill of renew, which it appeared RIP the correct feast whkb Po
bill should aseume, was tiled, arid from that • M testa, '
of 11q.3, althh dgment heal been irdllsi
in vain. An this delmj, it should be rematobst mak brie
case affecting property to the amount 4fOn NM kik sappk
ezit:,,,..
a fundeclis:rpo ty of 21/41,0004 wan sat widi
anxiety by d y, fell into a delicate ef. Wit die phf-
skims a awddiates to that sad *M dal* do sym-
pathy his situation created in his , dot don An sea.
&trues of the district in which he was, &NM • AR
UAW* peptiopa; !tot w.tly he
on
who had been origirnilly engaged in the eases was sakeised to gi
a iletaileleteestmt of its prowess, bat he wee so Wall VW al to
unable to ewe an account ot it. Several penises pbo aright Imite
given infonsaden upon it were no more—ass weak *it mitts
would survive. However, the solicit* who so
that there were in his time fortyattendance( •wl the WWI*
who again sticceeded hint had attended Papaw . afeensern midst
appointments to give judgment. (Hem, WOK, hgar.) hew gnat
was the natural anxiety of the defends* *spitting the If*
of so large a peoporty, that he induced Me mildew to
make frequent jemmy, to tows, in coke, from thole ea OM
to endeavour to ad e the cause. The expense of them
journeys sus not included Ina regular bill of costs ; but Mr. Irmo-
man, of course, win bound in honour to pa Mai, which '
increased to him the imposes of the suit AY.ptier the
in this suit amounted to an enormous exam% set without no
neficid result, fur the case was as yet undetidok Tbe
came, mid waited., and lingemd, in vain. (Chew} dita‘der
June lye, it would be in the recollection of
he made a motion form inquiry similar to that 'rasa
posed. The Lord Chancellor bad promised to
that day in a protracted suit in two days tans ' lio • -
promise in that instance, but the judgment *deb
was conveyed in one semence. The party against *Wilk
was given. threatened to appeal from It, but in 411111111,111
further litigation, a ONO was enteral into betowea =
tics. He would next eau the attention of the Haase te the we*
Lord Aloha against Wyatt and others. The questa= ,these Vac
whether Lads of the Manor were obliged to contribotem Ws.
dome Act. This mine on first is 1800. After havi
through various protracted stages of discusston, and 1
wbilelaid aside altogether, it was renewed in 1817.
Scr 8. Romilly was engaged in the suit: when at the
~:of
the awe the pepers were inqiitred fur, the mem" of the
the pawn vim km • Sir S. Morality was rte mare, mid t=
on the opposite side bed retired ftoni.Coort. as that Mesh
zeilearit Counsel were obliged to he promwM. (Hear, heir;
rehearing took place; and after fuWssion on both sides, put
Chancellor, in Deli, said be would take the statute borne, awl&
would read every weed of it, and that be would give judgmostais
morrow ; but the parties never did that to-morrow see. (Heir, al
a laugh.) A decision in this case would have bees the men km.
portant, as it related to the construction of an Act of Pullintaint,
and the award of Commissioners appointed to execute it; at kook
however, the parties, in utter deepen of judgment, after so Iwo.
tractod a litigation, compromised the cense. (Gear, hear.) If this
was 11W a denial of justice, it certainly amounted to a failure in
the administration of it. (Chem.) The next case which /swat*
submit to the house, was one which related to a person well lam*
to himself. As the ease was one in which many domestic conceits
were involved, he would abstain from mentioning psblicly the news
of the Individual to whom it related. Ile was sure he would pa
be suspected either of inventing it, or of giving it to the Mestle
with intentional exaggeration. However, if any Hon. Ml=
wished to be assured of the accuracy of the (acre which lie
he (]Mr. IV.) was authorised to refer him to that Gentbenenibr peit
Information as he might require, and he would engage to do .as
(Heer, hear.) The Hodgman was one as competem to coselbet
his own affairs, and to the consideration of say question at any
Hon. Gentleman whom he now had the honour to sake& ' The
Gentleman married a lady whose property was sittessoul Ai quit, t
he had taken her •• for better or worm; a point sus *deb 'those
who were married wee better fitted to deliver their sentirdermatati

be was. However, he was disposed to believe that the lady Werth*
'lletwortitel,Paror tegnshdouthltl earthenplace inmywthiliethworherst property
ralthoagli Wahe
was seed by
professional friends, and by one Learned Gendomilin id pertisidbe,
who was a connexion of his, yet from as appeshroidnedigitsal-,
of exceptions to Master's reports, of the exposit!. or yeettssibes
before the Lords, and the probable result of ha die /Aga lou-
siness again journeying back to the Master's d •
single fear of the Court of Chancery, and its d ' he wen in.
duced (notwithstanding the friends and legal aseibfan cr by which
he was sustained) to deliberately abandon half ofhis 'property, and,
by compromise, to deprive himself and his posterity of any MARL
nation in it for ever. (Hear, hear.) This course he donned pre.
ferable than to contend for his rights, and thought it better can
to surrender them, than to consign his property to a ledthsoms
dungeon, in which he seared it might for Veer he entombed. ?fere
was another case in which he was not permitted to &Wiese the
name of the person to whom it referred, but who had, in like man.
net., permitted him, if necessary, to refer any lioneerable Mem-
ber to him for the authenticity of the farts, as he would subunit
than to the House. Ile was an individual who was gligagccl in
the law, though not in the practice of it, and was, fot that reason,
desirous of not having his name given to the public. Indeed hat
wee unwilling that his case should be mentioned at all to this
discussion, bat as he (Mr. W.) called upon him in person, end
satiated him that he knew the greater part of his ow. the Gentles
man kindly supplied what was deficient in his infornsariee. He
was plaintiff in an action on an Annuity Bard ; a verdict had been
given in his favour at the Summer &oozes of 1817. Early in Me
next Term an Injunction was obtained to stay moceedhigs a. 4
verdict. The whole of the arguments stn both aides had hem
heard; the ground' of granting the injui.etion was an artewed %rimy
in the form of the deal. Three years had this case been in • Crust
of Equity ; at the end of that period some of the papers were in.
quired fir; they were lost. After the lapse of • conaiderable time,
however, they were found again. At length judgmert was peet-
nuanced, and although before a pony', suit could net be enter-
tained in equitywhirls was determinable at law, anif teetteugh to•
bill tiled is Ch there was an averment " that the pietist
had no legal defence, yet, after three years delay in Chanory,
thethemsel judgmentvof aofdefehosthe Gblineellitat Ism wltaa'therthaet terhertePaintral should wad