The Sun.
London, England, 1852-09-02 00:00:00

ing, by on

J.-ze 1-) .1 (pot ire Man-

..t7, to the Lidsantsg 4 teiliti rave accrued
from the existence of a fu'i Ilk- that of the Guild
of Literature and Arr. m ‘..evine; many a bitter
pang to the lofty soul of a Joseisos and many a cor-
roding anxiety to the amiable, the exemplary, the
most accomplished, but over-worked and over-toiled
poet of Keswick." These illustrations, however,
were not among' the most apposite that could have
been adduced. For Doctor JOHNSON suffered the pangs
referred to when his name was still for the most part
in obscurity, and when his claims might scarcely
have been recognised-e-a pension of 3001. per
annum being awarded to him when he had at-
tained the glory of his reputation. While, with re-
gard to Doctor SOUTHEY, if we mistake not, at the
period of his demise, he left a good round sum of
12,0001., or thereabouts—saved, it is true, from the
severely earned proceeds of his laborious and indefa-
tigable career in authorship.
Nevertheless, of course, instances almost in-
numerable might very readily be selected
from the records of our national literature, 23
conclusive evidence of the benefits certain
to accrue from the noble enterprise which in the
Guild, presided over by Sir BULWER LYTTON, has
been recently commenced. The catalogue of those
illustrative cases would, if complete, be only too ex-
tended in number and too terrible in significance.
The prototypes of poor Joss BURLEY might be ex-
cluded from the list by the more " correct' . class of
moralists, but the guiltless victims of misfortune
among the bankrupts in the literary profes-
sion would still present to our contemplation
a spectacle sufficiently sorrowful and disastrous.
Observing the brilliant success which has already at-
tended the development of the Guild of Literature
and Art, we can now, happily, look forward
with confidence to its triumphant com-
pletion as an enterprise. The sinister predictions
made by its different opponents have been
altogether debarred from fulfilment. Those who
insisted that the dramatic representations of
Not so Bad as we Seem
would
the dickens with the regular drama, have foundplay
to their surprise, and we doubt not also to their
chagrin, that good has alone resulted from the
whole series of entertainments. If the future of the
undertaking
findextt be only to some reasonable
extent comparable to the past, we shall
the happiest prophecy of its principal originator
fulfilled. It will then be perceived in the end how
many blessings may result from affording timely aid
to the lesser cultivators of the intellect, from what
some might be disposed to term the gilding of the
gingerbread of art and literature.

In another part of this day's impression will be
found the new general rules and orders of the Court
of Chancery, sanctioned by the Lord Chancellor,
Master of the Rolls, Lords Justices, and Vice-

Chancellors. They had been for some weeks antici-
pated. A rumour was current that the high judicial
authorities had discharged their duty, and that the
appearance of the new regulations might be
looked for every hour. It would, how-
ever, seem as though delay and procrastina-
tion were incidental to every proceeding in
Chancery. The manuscript rules were signed on the
7th of August, but it was not until September that
they were permitted to escape from the hands of the
printer. With whom the fault lies we know not, but
it is certainly not with the judges. It must necessa-
rily fall on some of the subordinates.
The new orders appear well calculated to carry out
the true intent and meaning of the Legislature to
prevent the extraordinary prolixity that has hereto-
fore been indulged in, and thus materially
to diminish the expenses incidental to a
suit in equity. The six first relate to
the printing of bills and claims, which it will be
in recollection has been substituted for engross-
merits on parchment by the recent Chancery Practice
Amendment Act (15 and 16 Vic., c. 86). They direct
—" 1. Bills and claims are to be printed on writing
royal paper, quarto, in pica type, leaded; and the
copy to be filed, is to be interlined with paper of the
same description ; and also, that 2. No costs are to be
allowed, either as between party and party, or as be-
tween solicitor and client, for any written bill, or
written copy of a bill, filed under the 15 and 16 Vic.,
c. 86, s. 6, or for any written copy thereof, served
upon the defendant thereto, or for any written brief
of such bill, unless the Court shall, in disposing of the
costs of the cause, direct the allowance thereof."

But this is not all. A written bill may still be

I filed in cases of emergency, upon the written under-
taking of the solicitor to file a printed copy within 14
days. But in the event of this undertaking not being
performed, the bill is (by 3rd order) to be " taken off the
files of the Court without further order, the costs of the
defendant to be taxed, and to be recoverable as costs
between party and party are now recoverable from
the plaintiff or his solicitor." This stringent regula-
tion will prevent any effort to evade the principle,
and will achieve the great desideratum of having all
such documents henceforward uniformly printed, so
that they can be consulted or referred to with the
greatest facility. The 4th, sth, and 6th rules
relate to the costs payable for instructions for
bills or claims, &c., for engrossing copies, briefs
&c., which are fixed according to the very:
moderate scale specified in the schedule. One
halfpenny per folio only being allowed for copies, of
which each defendant is only permitted to claim from
the plaintiff ten copies as a matter of right. One of
the chief advantages in the system of printing is that
copies can be multiplied to any extent, at a charge
very little beyond that of the paper on which they
are printed. We cannot, therefore, see the necessity
of limiting the number to be supplied, on adequate
payment, provided application be made before the
types be distributed.
The next series (to rule 11) relate to amendments,
which may be made by written alterations in the
printed bill or claim, and by additions on the pages
interlined, whenever, according to the present prac-
tice, an amendment may be made, without a new en-
grossment ; and a copy of these amendments is to be
served on defendant's solicitor, which should be
deemed good service on the defendant. None of
these orders, however, apply to bills or claims filed
before the Act came into operation. They neces-
mritly remain under the former practice.
It is to be regretted that the regulations with
respect to printing
answers,
affidavits,
g are limited to bills and claims;
may and other portions of the pro-
ceedingsstill be engrossed. For the sake of
uniformity, it
that every wuld have been exceedingly desirable
document placed on the files of the Court
should have
been printed in similar type, and on paper
of the like dimensions,
together.
A concise form of bill is so as to be easily bound up
given. in the appendix to
these orders, which certainly differs
from the thrice• told tale now resorted
very materially
answer is also given, so that thererted to. A form of
will henceforward
be no excuse for anything approaching
prolixity, or impertinence. to scandal,
ity,
Under the statute the interrogatories are not to be
contained in or annexed to the bill. A form
is
also
rules for the interrogato •
given by these nest which
will mitigate, if not entirely remove, that which was
crying grievances of old
one of the most
It would have been better had the examination taken
place before the judge; but as it was decided other-
wise, the new rules,
with respect to
i interrogatories
appear to have been framed n the spirit
of the Act, to prevent the unnecessary strin-
gency of the inquiries. The power of cross-examining
every witness who bas made an affidavit in a cause is
also a very decided improvement, which will doubt-
less be productive of the most beneficial resuits.
a The new regulation with respect to the motion
for decrees or decretal orders, and also for
the dismissal of bills for want of prosecution, and also
for adding to decrees,
are all calculated to prevent the
vexatious delays that
have heretofore given un unfor-
tunate notoriety to theforward name of" Chancery." Hence-
matters will
the proceed as rapidly as in
cornmon law courts.
The orders will come into
operation on the 2dflit' November, and ill
w
constitute
Ing supplement
the Royal s to the salutary Act which re-
ceivedyal assent on the Ist day of July last.
~......_____
Ex

TRAORDINAkItT SHIPMENT OF GOLD.--We have
received intelligence by the Overland mail of the dispatch
from Port Philip. on the 27th of May last, of the regular
with a full cargo of 17nra
trader Medway, heiongin
extraordinary quantity
g to Messrs. Marshall and Eldridge,
of 61,051 ounces of gold. The Medway may be looked for
abut the middle of the rue"