The Sun.
London, England, 1852-03-18 00:00:00

CHANCERY REFORM ASSOCIATION.

A meeting of the Chancery Reform Association was
he'd yesterday afternoon, for the purpose of taking into
consideration the recommendations of the Chancery
Reform Commissioners. Lord Erskine presided, and
einoeget those present were Mr. Hume, M.P., Mr.
Trelawey,
Captain Scobell, M.P., &c.
The CIIAIRMAN, in opening the preci edings, brit fly
expressed his satisfaction at the improvement which had
taken place in the prospects of their mute since he had
lest addre seed a timilar meeting. The association had
then hardly any hope, while they had now a certain as-
did not know that the
sueenee of the success of their projects. Although ho
zpehaatteisctaltllyswtrhaantecofofth: ;root;
judges ,:f the land rgreed 'with
them. on every point.,
with them to an exienytevihtliPch dniod, withoutonesus r exception,octcd.
Theiro
dsutehetyo
their labours.
cfeallitsn°owwastheemg
Mr. Bretz, after referring t) the h• pl'terryjusailas
history of the move-
'
ment ;'or legal reform, said that no one in a rational
country like this need despair of success if their cause
was a good one. They bad now arrived in view of the
the attainment of their object. They had all classes of
politicians now in favour of Chancery reform; and they
had reason to expect that, before long, the country
would be placed in an enviable position, compared with
that which it had hitherto occupied with respect to the
powers of this court. Let every one look upon this
question as his own, for no man knew how soon he or
his property might be brought before it by some wicked
or designing man. He remarked that some years ago
he had an interview with Mr. Challinor, a member
of
the council of this Association on the subject of a pain
phlet clearly exposing the inherent defects of Chancery.
This pamphlet he had afterwards pressed on the atten-
tion of Lord John Russell, who read it and admitted
that something ought to be done. Some of the Bills for
the reform of this court had been already prepared, and
instructions had been given by the present Government
for the preparation of those which had not been drawn
under the direction of the late Government. He be-
lieved that this question, after being agitated in and out
of Parliament for thirty years, was now ripe for that
settlement on full conviction which secured the perma-
nence of the reform which might be adopted. If they
reformed this court, it would lead to reforms in other
courts, and to a general simplification of procedure. He
did not see why they should not copy the system pur-
sued in the Court of Bankruptcy, where a system of
dealing with accounts had been adopted, and was gene-
rally satisfactory to the mercantile interest of the coun-
try. Ile then moved the following resolution:—
" That the Royal Commissioners appointed in 1850 to
inquire into the process, practice, and system of pleading
in the Court of Chancery, having examined many par-
ties most competent to give evidence on the subject, in-
cluding the present Lord Chancellor, one of the Lords
Justices of Appeal, some of the
usters in Chancery,
with their clerks, several of the most eminent barristers
and solicitors practising in the equity courts, with David
Dudley Field, Esq., one of the commissioners by whom
the New York code of procedure was framed ; and
having unanimously reported that extensive and deep-
rooted mischiefs arise from the present system, involving
the utter denial of justice, and the ruin of the litigants
and their families, this meeting is of opinion that so un-
qualified a condemnation by the eminent men forming
the Commission, demands the immediate application of
a legislative remedy, one of the first duties of a Govern-
ment being to render justice attainable by all, without
delay or ruinous cost.

system
by able
Cetentallott,;olieitor, of Leek, in a longs a ste
an
speech, characterised the Court of Chancery as
by which the settlement of any question in dispute was
deferred to the utmost possible time; and by which the
money might of the kingdom had often lorded it over
the humbler right. It was a sort of legal gambling-
table on which the evil passions of the parties were
worked up to the greatest possible extent for the
benefit of the keepers of the table. The keystone of
the übuses of the Court of Chancery was the preventing
the meeting of the parties and their witnesses in court,
and their oral examination before the judge who tried the
cause. Then there was a continual system of reference
from judge to judge, which, as the opinion of only a
single judge was taken at each step, was never conclu-
sive. lie expressed his satisfaction at the reforms which
were contemplated by the Government, but his regret
that there was still an adherence to the system of taking
evidence before an examiner, to be certified in writing to
the court; remarking that he could not see any reason
why a legatee should not recover his legacy from an exe-
cutor at !aw in the same manner as a creditor from the
executor of his debtor. A game of dues played by cor-
respondence was tedious enough; but it was nothing to
this legal game played in writine, for which lawyers
were paid by the folio.—(Cheers.) lie would mention
the Cabe which had made him a Chancery reformer. A
farmer in SteffJrdeliire lett his property to his wife for
life, and after her death to his eldest son, sue charged it
also with a legacy of 3001. to his second son. When he
claimed his legacy, he was told that he had in fact received
it in rnsinteaancc and other ways, and the matter
was thrown into Chancery, the only dispute being whe-
ther he had received the legacy or not. A suit was
commenced, to which seventeen parties were made de-
fendants. In edghtcen months' time it came before the
Vice-Chine/11°r, Who decided that he could not come
to any decision at all, but referred ii to the Master to in-
qu re into matters ehich were not in di-pnte. It re-
: to ":he when
sui t
had
he
wateed in the Alasttr's office fur ttavro3, a
directed that the proceedings ehouki be commenced
ii r(d. f
t!e
one
ofc.:.sl' )ie badri6 i earlytiauished by this
(
eiPal, p
Iltbic:m.eve n°';' omitted.
that the matter was compromised. From that
time he had determined to use his utmost endeavours to
bring this giant iniquity before t Le bar of public opinion.
The lion. Gentleman thus contended for the principle
of bringing all parties to a suit face to face in court, and
stated that, although the system of written evidence
had been recommended by the Commissioners to be abo-
lished, yet as oral evidence was to be taken only by
examiners, and not by the judges who heard the cause,
he thought that question hod not been fully dealt with.
After alluding at some length to the proposed abolition
of the Masters' offices, office copies, and the other re-
commendations of the Commissioners, he concluded
by expressing his gratification at finding that the
Associationor resolution:—
" e
os of uc t hadhia lan e•ne
Chancery
labours of the Chancery Reform
been fruitless.—(Cheers.) He concluded, amid cheers,
by seconding the resolution, which was passed unani-
mously.
m ,aey, Ts
dteowen nhe
towardsl woo rt
hayi,
sAim.rPeee.dt,ienmovedmeeting
ii
sn g thetfh
eo nestpci Court
thatmuch*
justly attaches to it, by
be
wthheiephrensoewnt system as will render
from a
mt heen
dorsbel
n qt
siyn
evidence in the most satisfector,
each court, whether of law or Equity,
relief in the cases which fall undeor
abolish bills of revivor end supplementmailabisi
all unnecessary parties to it auij aitstocdogisnpieznasnecelittho
sr cv:amrrpalne ttae
for hearings, states of facts and eh opie
wtel_dcompetent to take
and objections to drafts of reports, and eor lle toc ren-
ders the proceedings as summary as is compatible with
due security to both parties, together with tho extinction
of the Masters' (Aces— most of which is recommended
by the Commissioners of the Crown—it is also assured
that many of the evils incident to the present system
must necessarily exist until the distinction between law
and equity is abolished, oral examination in the presence
of the Judge who tries the cause carried out, and justice
is in all cases administered by one court of universal
jurisdiction, a practice which has been introduced into
the United States with the happiest results."
The first evil which he thought was entailed by the
was the retention of capital from
f it was true that 200 millions
operation of
purposes. this
I
skrlieg was thus detained, every labourer in the °sun-
tthrys
quantity had an
of capital
from which his labour derived an indirect interest in the question, because
employment was thus diminished, and his wages were
consequently lessenett.
Mr. BEI'JAMIN OLIVEIRA teeonded the resolution,
which was passed unanimously.
Mr. MEREWEATHER TURNER moved the next molt'.

goo--
" That the Council of the Chancery Reform Associa-
tion be requested to continue its proceedings, this meet-
ting having seen with much satisfaction that almost
every ono of its published statements, touching the
enormities and cruelties of the present system of equity,
has been conceded by the Commissioners of the Crown,
as also most of the remedies formerly proposed by the
council; and being fully assured that the strongly con-
demnatory report of the Commissioners has but to be.
come generally known to force upon the Government
and Legislature the so long called for relief and remedy."
The resolution was then unanimously agreed to, and
after a vote of thanks to the chairman, the proceedings
terminated.

DAGUERREOTYPING.
have gT7Yht, a new mode of finishing daguerreo-
types.
ur sense of justice, lam sure, will allow me to
the process of (namelling, said to be disco-
d gentleman in Charlestown, United States, so
f'saterartefer'obtmhyaa t being new, was introduced by me in the spring
of last year, when it received, besides the approval of
other excellent authorities, a favourable notice in tho
Times of Al2y 13, 1851. Since that time it has boen
constantly applied to portraits t:lren at my establish.
meats, end through the perEction it has attained is in
increasing requisition.

_
I urn, Sir, your obliged servant,
eP RICHARD BEARD.
Daguelreotyportrait-roums,
85, King William-street, City, March 17.

LIFE BOATS,--The Secretary to the Naval de-
partment - -
of the Board of Trade has addressed a communi.
cation to the Commissioners of Customs, signifying that, as
it has hitherto been impractcable to give notice of the final
arrangements adopted, their Lordships consider that if, in
any special cases occurring before the Ist May next, it should
appear that a vessel is not provided with the proper boats,
and that the omission has been really occasioned by the
want of sufficient notice, the vessel should not be detained
from proceeding to sea, but the master or owner should be
warned that =subsequent occasions the law vill bt'tiiGflp
enforced.