The Sun.
London, England, 1852-03-13 00:00:00

MArtell lB,

1111 F E VAAL P 111, /A MEN T.

ROUSE OF LOifDS, March 12.
The LORD CHANCELLOR re,dt his seatoa tho Wool-
saek st►ur;tj ~,ter Five o'Cleck.
Lord BEAU NION T gave notice that on Menial niplat
he thouid pro.ent a petition, complaining of the injui y
to trade resulting from the uncertainty existing as to the
intentions of her lljesty's Government as to the ro-im-
position of a corn-law.
The Earl of ESSEX regretted that from illness he
had not been present when the Noble Lord at the head
of the Government had made his statement on a previous
evening. For himself, he should not hesitate to support
this Government, as he would any other, when it pro-
posed measures of public interest.
THE PROPOSED LAW REFORMS.

Lord LYNDHURST said he rose to call their Lordships'
attention for a few moments to the many important measures,
as to a reform of the law, which were now pending in this
and the other House of Parliament. He was induceed to do
so in consequence of the reports which were in circulation
with regard to what had passed at a gathering of parties
which took place the day preceding, and also at a congrega-
tion of certain agitators previous to that. He used the title
"agitators," because these persons:had assumed it themselves,
and had assembled for the purpose of endeavouring, by the
influence of large numbers, and by the parade of pecuniary
subscriptions of a large amount, to effect, if possible, a speedy
termination of the present Parliament.—(Hear.) Now, their
Lordships must be aware that if the Parliament were to ter-
minate in the month of April it would be impossible that a
new Parliament could assemble for the transaction of the
business of the country at an earlier period than the end of
June or the beginning of the month of July. It
would follow, therefore, that all those measures of law re-
form to which he referred, or, at least, the greater portion
of them, would be inevitably postponed until another year -
a result which he conceived would he regarded by the nation
as a very great misfortune.- (Hear, hear.) Moreover, with
respect to the private business which was now depending
before Parliament, it happened that, at the present moment,
there were upwards of 250 Bills of a private nature in this
and the other House of Parliament; but it was not to be
supposed that these related merely to the interests of indivi-
duals - on the contrary, many of them applied to local dis-
tricts of great extent; several of them also concerned so-
cieties and associations which comprised large bodies of per-
sons, and comprehended vary great pecuniary interests. He
would leave it, therefore, to their Lordships to consider what
great inconvenience and mischief, what delay and expense,
would arise from postponing measures of this description un-
til another session of Parliament. He would pass over this,
however, as of comparatively little importance, and direct
their attention to certain public measures, which were of
the deepest possible interest; and first, with respect to
that most important measure, the reform of the Court of
Chancery, upon the footing of the report of the Royal Com-
missioners. Their Lordships were aware that the public
looked to that measure with eager and intense interest.—
(Hear, hear). A Bill for the purpose of carrying it into
effect was at this moment in progress of preparation ; and
under the auspices and superintendence of his Noble and
Learned Friend on the woolsack, who was in every way so
well qualified to give success to such a measure, he was
perfectly confident that, if the sitting of Parliament was not
brought prematurely to a close, this valuable measure would
come into operation in the present session. But if, on the
other hand, the session was to be curtailed, and Parliament
to be dissolved in the month of April next, then, consider-
ing what must necessarily be the details of such a measure,
it would be perfectly impossible to pass it this session. It
must therefore be postponed until another year, and he
could not imagine any thing greater than the disappointment
which would affect the whole community in consequence of
the delay. There was another measure, which was of hardly
inferior importance to this, depending in their Lordships'
House. It related to the amendment of the proceedings of the
superior courts of common law at Westminster, and the ob-
ject was to simplify the proceedings of the superior courts
and to lay down a system of well-defined law as a popular
foundation. Another measure of considerable importance
was a measure that posed their Lordships' House in the last
session of Parliament, and related to charitable trusts. Their
Lordships must be aware that in every part of this country
there were charities in existence, of immense amount in the
aggregate, but individually so small, that they could not by
possibility be made the subject of consideration in any court
of law, and hence great abuse had arisen. It was essential,
therefore, to establish a chief tribunal for the purpose of
preventing abuses in the administration of small charities of
this nature, and the Bill to which he referred was framed
upon the report of a Commission appointed by the Crown,
and was well calculated to remedy the inconveniences inci-
dent to the present state of things. It was a measure of
great importance. It affected a large class of poor, indigent
persons. It had been called for by Members of both Houses
of the Legislature ; -and it was now in such a state that it would
probably in the course of a few months become the law of the
land. Another measure to which he would direct their Lord-
ships' attention affected the interests of a numerous and valu-
able class of persons, all of whom were connected with manu-
factures, machinery, civil engineering, and science in all its
parts. Ho alluded to the measure for amending the law of
patents and inventions. This Bill had been read a first time,
but no further proceedings had been taken upon it. Un-
doubtedly it was of the highest importance to the interests
of the persons to whom he had referred that this measure
should become the law of the land as spedily as possible;
but from the nature of its details it was impossible that it
should do so if a dissolution of Parliament were to take
place in April, whereas, if a dissolution did not take place,
it would become the law of the land before the end of the
session. But there was yet another matter, not referring
to the amendment of the law indeed, but the pressing im-
portance of wnich was even greater than that—he referred
to the military system which was necessary for the defence
of the country.—(Hear, hear.) Everybody admitted that
the state of our military defences was at present most
defective—that it did not secure us from insult or invasion
- and that it did not enable us to support our authority or
influence with foreign states.—(Hear, hear.) It was neces-
sary, therefore, that a remedy should be applied, and that
that remedy, for the sake of the honour and dignity of the
country, should be applied as speedily as possible. The
necessity for such a measure was strongly felt and insisted
upon by the late Government, one of whose first measures
in the present session was the introduction of a preparatory
resolution, upon which a Bill was founded and brought
forward in the other House of Parliament, and this was
indeed the ostensible cause of the retirement of the Ministry.
Now he could not think it possible that any man who
wished well to, and felt for the honour and dignity of the
country could be anxious to press forward a dissolution of
Parliament before this great and important measure was sa-
tisfactorily disposed of—(Hear, hear) - and he should say
that any person who was desirous of forcing on a dissolution
of Parliament, in the present state of the nation with respect
to its military defences, would be guilty of a weak and foolish
indifference to the public security. Having enumerated,
amongst other measures which were now before Parliament,
the Registration of Insurances Bill, and the Bills of a sani-
tary character—relative to the supply of water to the me-
tropolis and extra-mural interments, the Noble and Learned
Lord said he would pass on to advert, in the next place, to
the subject of the administrate .in of justice in their Lord-
ships' House. At that moment there were a vast number of
appeals which stood for hearing, and their Lordships had
now been sitting for several weeks, yet a very small impres-
sion indeed had been made upon the list. Take two months
from off the session, and the consequence would be that the
greater number of those causes must stand over for another
year. He would leave their Lordships to imagine the
anxiety and distress which would thereby be occasioned to
the suitors in that court. But let their Lordships look also
at the consequences which would ensue to the inhabitants of
this metropolis, if, contrary to the principles of the constitu-
tion, the administration of justice was in this manner un-
necessarily decayed. Their Lordships were aware that the
tradesmen of London had their dull seasons and their har-
vests. Last year, during the Great Exhibition, unfortunately,
their harvest was, not an abundant one. Arid if a dissolu-
tion were to take place in the middle of the present session,
let them remember that the loss then sustained would be
much increased, and that it would press most severely on a
valuable elass-of men. Those considerations which he had
stated shortly-to their Lordships had very great weight with
him. They had led bins to think that a dissolution of
Parliament, under .these circumstances, would prove a great
national calamity. And if any person or persons—for party
or factious objects, for party interests, or with the view of
exciting clamour out of doors—should press for a measure of
that description, he was sure that such conduct would rouse
the indignation and resentment of all the sober-minded reflect-
ing, and intelligent portion of the community.— (Hear, hear.)
In conclusion, the Noble and Learned Lord moved for a re-
turn of the number of private Bills now before their Lord-
ships' House.
The LORD CHANCELLOR then rose and addressed the
House, but throughout his speech the Noble and Learned
Lord was most indistinctly heard in the gallery, whilst many
of his sentences were altogether inaudible. His Lordship
rose to state what were the intentions of her Majesty's
which
He with respect to the measures of law reform
pms'alniOwlc;
had been recently
thberroeugnhetverbewfoarse
athteimire Lwohretinshai
He must say that
than the present for carrying his views ineteurffese
by
the
ge-
neral desired a reform of the law had a beotter or fiett:r_oeprrifutnwiays
not only that he was supported in atlichasey
by the nation
neral opinion out of doors,divisiondthoef
party.- (Hear.) Her Majesty'st, were quite as anxious and
at large, for upon this subject
law advisers of that Goverumtoenhe
to carry into effect the
etihrehleanwdl ;and
ready as he could presume thletaht mightee there was
earsn nn ea
n
measures wine
well knew that he had been always
inasmuch as
they
assistance for the public good, be
ready to lend his bumbleuld
ofth
• h were necessarnifworreacreeivfoermat
felt confident that he should
which he himself might
full measure of assistance require.
bh ) -
hear, from the Oppositionbenches.) es. In addressing
- (Rear,
himself to this question, he desired most carefully to guard
himself against taking credit for the measures to which he
about to refer. Those measures had b
WAS been either recom-
mended by commissions—censmissions Which he must
had been not only wisely sent fortb, but wi say
sely directed
and wisely executed by learned men; tho
re-
peated, had been either recommended these measures,e he
or brought to maturity since the by
ofiese commissions,
reports the commissions
were made. And so far, therefore, as the
the
were ready to adopt them, present Ministry could not
take credit for them.
But this credit he • ht be allowed
to take to her Majesty's Government might
, that he believed no
set of men ever existed who were more warmly disposed
than they to facilita.e and carry
into execution every neces-
sary measure for the reform of our judicial institutions,
both in the procedure and in the laws affecting property,
and, in affecting property, affecting the happiness and the
homes of every man. One of the measures to which he
would refer was entitled the Suitors in Chancery Relief
Bill. That Bill was at present before the other House
of Parliament, and its object was greatly to curtail the
officers who had been usually in attendance in that
court. It lowered their salaries. and ratified the diminu-
tion of the salary of the
Lord Chancellor himself to the
extent of one-third. Now, he should be very sorry to be
understood es binding himself to every single provision of
that Bill; but as regarded everything that affected the Lord
as it respected offices,
the
Chancellor, either pereonallyvoear
to I in him, he b
appointments to which were egged to say
not and would not appoint to any office the abo-
litionthat he had
contemplated bv that Bill •
of which was , and that with
regard to the offices which were to be retained, and to
which he had made appointments, he should strictly adhere
to the preci
•se scale of allowance which was laid do en in
same as if, instead of passing Bill, the
that ,
of Parliament, it was at this moment the law of the
House
With regard to the Lord Chancellor himself, he
land.
would make this observation. He had already stated to
their Lordships the reduction which had taken place in the
Lord Chancellors salary, and to that he had no objection ;
and he trusted that he himself, and his successors, might
have sae moral courage not to attempt to surround them-
selves with the dignity or the circumstance which
might have belonged to former Chance:lors under a
different state
of things, but accommodate them-
selves, as they ought, to the altered circumstances of
the office, and the position in which they were now placed.
There was one alteration which had recently been effected
with roWArd to tho judicig Iwactiohi ci the Chauceller

it was suppose;', because lords justices had been appointed
that the Lord Chancellor hod now so much time at his com-
mand that there was no longer any preihure upon hits. Uri
dstibtedly Le had been relieved of as painful a pressure as
any men could experience, and it was the pressure Nv hich
every man felt who devoted himself heartily and sincerely
to the performance of his duty—that of knowing, whilst
sitting in the House of Lords, that the suitors in the Court
of Chancery were neglected, and could not be beard, or
whilst sitting in the Court of Chancery, that the suitors at
the bar of their Lordships' House were neglected and could
not be heard. True, the Chancellor had not that pressure
upon him any longer; and he now knew that whilst sitting
in this House the business in his own court was being
till
by able, enlightened, and intelligent men. Still i
ought to be known that, so far as his labours were con-
cerned, the Chancellor was not relieved; for, from morning
till night, they extended over six days in the
week•
having referred to these details, he would next call their
Lordships' attention shortly to the Bill alluded to by his
Noble and Learned Friend (Lord Lyndhurst). That Bill
related to the common law proceedings, and was, without .•.
doubt, a measure of the utmost importance. It was now
c
before a Committee of their Lordship's douse, and, so far
from any impediments being thrown in its way, be (the
Lord Chancellor) knew that the Noble and Learned Lords
who attended the Committee on the Bill were actuated bya
single desire to make it work as beneficially as possible in
carrying out the recommendations of the Commissioners.
Upon that Bill there was no other difference of opinion
such as would necessarily always rise on large and important a
measures. Another and most important measure to which
the attention of the country had been wisely directed, wes°
Bill fcr improving the jurisdiction and procedure of the
Court of Chancery. This subject was referred by the Crown
to a set of Commissioners who ins le a learned'
elaborate, and excellent report, and he had un-
derstood that a Bill was prepared in pursuarce
than ~
of their recommendation. He believed, however, that no
portion of that Bill was actually prepared, and
work remained to be done. But within the last few days he
had received a sketch of the heads of so much of the pro-
posed Bill as related to the Masters-office, and it was his
intention to bring a Bill into their Lordship's House UPon le
subject at as early a period as possible; or if the detai,?.
required more than one Bill, to take charge of it hiniseu,
and to endeavour, as speedily as possible, to carry it intod
execution.—( Hear, hear.) A long course of practice hs, ,
made him well acquainted with the subject, and he shoal,'
that the
willingly go with the stream which would lead to improve-
ment. For want of greater power to compel men to per
ceed with their causes, the Masters offices had nel
given satisfaction. Hence arose great expense, °b.
much unnecessary delay. Whoever understood the su
ject would feel no alarm at abolishing the Masters,
vl4l
to stand in their place. His (the Lord Chancellor's) py but the would feel alarm if the did not know what
y
rope: i
sition was to abolish the Masters ; but in doing this L..'
would be necessary to consider how and in what manner
was to take place. In the sketch which had been furnieheo
to him, and to which he had alluded, it was prososed that;
after a certain day, the Masters should cease to operat, and
retire on full salaries. That, however, was a emPesitiii%
which required very great consideration, and hethong a
that it would be his duty to make such use of the ids ere
as would tend to further the administration of justice wiu.s_
they continued in receipt of their salaries. The Master
were men of high character, and performed high and impor-
tant judicial functions; and nothing could be more repuus
to her Majesty's Government than to do any act whics;
would have the effect of lowering the position of the officers
of justice. He could not, therefore, be a party to any ar-
rangement of that kind. The Masters, or a sufficient num-
ber
of them, must necessarily remain whilst the business at
present in their offices was continued. And if the new schelmi
was to have any chance of working well the judges rtilsie
begin upon an entirely new foundation. If not the who
scheme would fail. There were a great many. cases in tuA
Masters' offices under the Winding-up Act, for instance; an,
theihe
m(e trshieeml
themselves
esorr
tdadnCetgh
dutiesraandce Chancellor) o
wrb)hyci
co
hu could
hn the
t
in these the Masters had an original jurisdiction, and gls'
be left to complete them ; but without further con3iderationt
continuinglislaays t etros that
which they would not be r
theread to execute. "
number
new scheme was being tried tE .ent asu ci of
of the Masters might superintend the management t
estates, eases of receivership, and other matters of the deell,
importance to suitors in the Court of Chancery, but wh,le;
had never yet been sufficiently attended to, though tut's
woulde therexerc i
swnZtebfkiieeli
Isedtl
were still within the province of the Masters. These we',"s
matters in reference to which he desiredto reserve 11,'
opinion, for they required great consideration ; but he cer-
tainly thought the Masters ought to be abolished and ne
vacancies tilled up.—(Lord Brougham, " And no new refer
ences made to them ?") And no new references made to_
them. But he had this proposition to make. He felt that it
would be impossible to work the two systems together, an
to tell the person who had been already involved Mal
Chancery suit that he should go before the Master with
written interrogatories, be put to great expense, and incur
great delay, whilst the man who filed his bill to-morrovl }
should go on in an unnecessary manner and have
n 0
unnecessary statements to make, and no delays interposed. a
That would not do. What he proposed, theuefore, was, e
immediately after passing of this measure, at once to ...._
abolish the whole course ;of proceeding in the Masters'. s
offices, and let them adopt precisely the same MU'S :4
as those which were now adopted in chambers. BY .•,
the present constitution of the Court of Chancery the judge
does not transact any business in chamber. There were, no ' ;
doubt, many reasons for altering this arrangement, for the
'
physical as well as mental exertion occasioned by a constant
sitting of five hours together in a court listening attentivelia
to the arguments in one particular case, was, perhaps, .s
much as could be expected from a judge charged with suet'
important functions; but it was proposed that in respect toe
certain matters the judge shall sit in chambers, and shall 12
The
shall by two clerks. It was proposed that these clegse
shall have the same powe. as masters in ordinary.
Commission proposed that they should transact their busi7
ness at the Masters' offices until other offices here
procurede
for them. He, however, confessed he thought that tnii.e:,
clerks sitting at Southampton-buildings would be attended
d, a_
with injurious consequence,; they would be asvay frond the
I be
control or influence of the udges, and a system
would
adopted which would be as liable to abuse a 3 theedp
much
one, which was so much condemned. He doubt
it
was
whether any scheme could work satisfactorily unless , ,
one that placed these clerks tinder the eyes of the judge
himself, by obliging them to occupy a room adjoiningve.
that of the judge, ' rho judge ought not to be swell
lien
from seeing that their duties were properly perforated.
,id
(the Lord Chancellor) was of opinion that nothing sheT,n,
be heard in chamber that could be beard in court.
deli-
judge, .
judge, he was sure, would be always found willing toudems
cate his time and attention to the carrying out of a
s 1 tout
this as was contemplated, and he hoped and trusted
....
this union of characters would not be found to lower hfiplt
dicial office. It was however, to be considered how '
'bwetre
it was to find united' in the same person the different pomp„,
that it would be necessary for him to possess. It was 0a
Bible to deny that they might be opening the courts to cases
._
of fraud. It was impossible to make rules that would apple
to every case. Those which would be laid down must st
general application. The next point was one of the deepest
importance—namely, the mode of examining witnesses ors
written interrogatories. There were persons called exatte
to whom the witnesses told their own story. That w- It
slow, expensive, and by no means satisfactory process. be-
was impossible to cross-examine the witnesses
they
cause the opposite party did not know what ot
had said. He propo:ed, though he cone
nit
without some slight misgivings
as to
that those written interrogatories should be given -f:
They were invited to imitate America upon this stibject.a
was said that that country had the most perfect syste in m
their
could be invented. They had abolished the Masters rions
courts of equity—they abolished all written examiuflaws
and the examiners; but it appeared to him (the Lord a,
ey•
cellor) that they did not after all apply the proper rein
ad
In respect to this country, the proposition was, that, inste.s.
of written interrogatories they should have written atlidavt,s
But the Americans had discarded all affidavits, and in every_
common case there was a jury summoned, and men were
brought from their homes without any remuneration to t
NorY
the most trifling cases, as well as to give evidence.
the alteration proposed here was of the very opposite cha-
racter, and it was easy to imagine how dangerous might be
the results. The affidavits were prepared by an attorney,
who put the statements down in his own language, and very
nds very little of
often the party who swears them anderst
aere generally crammed
their contents. These affidavits were
r. In former times
with irrelevant and impertinent matte
the business of the Courts of Bankruptcy was conducted
wholly by affidavits. As far
.as they were concerned he
din in ascertai • the
certainly could not see mucAmerica ning
point of dispute. though they had abolished
judge was called upon
the masters, and the . to pronounce
every day his opinions upon the cases that
every hour of
came before him, yet all questions of, peculiar difficulty he
referred to a referee. And who was that chosen referee of
the court who was required to do the business of the old
Masters? Why, theold Master himself, who had been found
so competent in his office as to entitle him to hold the office
of referee of the court. Now he (the Lord Chancellor) wholly
objected to the system of delegating topower
and duties which appertain to any person. the p
Is
America there was a state the superior judge.
of things in which there was
s
blending of law and equity .e
together. Mr. Field, an able
gentleman from that
•
part of the world, stated that when he
left America there were - from 3,000 to 4,000 cases in the
Court of Chancery then waitir to be heard; and a case was
never properly beard until .g . A
after it had been two or three years had elapsed
after set down for argument. This gentleman
was asked What the se
of co • consequence would be if a long said
complicated character
were brought before it. He d
in re •
lAs , that if there was a case involving a thousan
items brought before the court, and if each item were tei
be proved by one witness, it might occupy a thouAuu
days. Now one of the first things roposed Os
be done was to rescind all the present orders oft he Court.M
Chancery, and to reduce them to one simple set of rules_
without reference to any other orders. He thought it dal
to their Lordships, and to the position which he then ha'
the honour told, to make a statement of what the intens:
tions of the Government were in reference to this sabjec,'
The measures were not yet prepared, but they svould 0?
shortly placed before them. There was no step he shtu:
deprecate more than the appointment of more Vice- Chas%
celtors. Such an appointment would create, as it were,
additional bar and body of attorneys. Great inconveniences
would thus be created, as regarded the general interests 0f
..
their clients. llis sincere desire was to facilitate the interests
ness of the court, and to reduce as much as possible the ti
rau
and expense attendant upon the applications to it.
_is,
reference to the subject of wills, the law of the country
,",
quired that the signature of the testator should be placed,"
the head and foot of the document, and should be tested 07.
option.,
two witnesses These simple words had caused ex
to be taken to thousands of such documents althouglaf
there might not be found a single flaw in the WV: °_.
it, and yet they had been declared void. The
w objec_trieoi_s_
held good if the signature ►ere found at any distance f .T.
the place which was considered to be the foot of the wiL_',
a wrote
a a familiar instance he would mention the case of a
former Vice Chancellor, wt:o was a barrister. He
it on
his will to the bottom of the first page sad continued
the second psge, and ended it by appointing two execu 05:
There was more than an inch space from the end of the t d
eument to where he signed his name, which was at the bed
ginning of the third page. He then used the words"Sigy.rimee
by me, in the presence of these witnesses," placing his
as'sst
underneath. That will was declared void because it wofSu‘.
signed, not at the foot of the page, but at the top a.
Such objections as these, he thought, ought, to be pro
vided against.—( Hear.) merit
Lord BROUGHAM said he could not delay one me , _
in expressing the great and heartfelt satisfaction Whicht ?...:
felt at the declaration of the Noble and Learned Lcauss
namely, that he intended to adopt the principal recoenai. e,:lis
dations of the Chancery Commissioners, and to I
seu_.%t
powerful and invaluable aid to carrying into effect tht? if of
important suggestions. As to the rticular
4dta",b,
the mode and manner by which those altsration. into vit
law were brought about, he would not venture ',PT.,A" ' bed
occasion to discuss. The Noble and Learned .1-
substance
avowed that the plan of the Commissioners in _
es.
stuai
sh ,uld be carried honestly and entirely into full a
toe Inselit
operation. Affidavits were to be substituted fore ;vs
slat
system system in uncontested matters; but, in Fon elf"
this great
klation.
there ought to be a viva voce exam ss issrd would
plan should succeed, the Noble and Learn ia 00 pry-
algal
uncivubtecily accrOPPligga a great avii—