The Sun.
London, England, 1830-12-01 00:00:00

LEGAL AIkIENDAIENTS.

Lord WYNFOIIII said, diet be rose, permant to the
notice lie had 'given last night, to th we for leave to bring
in tre Rill toilessett entente, and to 'remelts deley,, in the
protseedinge of the Court. Of Lew in -Weiebeinstlerehall.
Nottvithstandiuglbe eteknowledged excellent* of the wee
red body of our laws, there could be no doubt he appre-
hended, that elette defect". **h Indeed,
**trued the,
fact was eufficiently,preeed by the comtniesioni which had
,been eppeinted by tbreiste Xing, to inquire-'taco the prate,
title and protiectliegi of oar 'ulterior Courts of Ltew,• and
into the, ,state of the law of rear property, with the view
of suggesting each improvements In both as shohld appear
steotteary to the Commitietioners. Tbat the Cointnissioners
appointed 14 inquire. hit° the -protleeellege and practice of
the superior Courts of .LaW. &Me their duty, there
certainly could be no donee; and he need hardly remind
their Lordships that four out of theta live Commissioner*
had been etivabeed.,to•the Ile' was quite sensible
that, when he differed from such men as these, it became
him to proceed with the utmost caution. Mt (void as-
sure their Lordships that he 'should so proceed, and that if
lie proposed to go a little farther than the Commissioaere
had gone, his steps should be taken cautiously, not only.
on account of the character of those from velionebe.dif.
fared, but because be was ware that no innovation should
be attempted without the greatest deliberation and. care.
He had no Inclination to press their Lordships to come
to an early decision upon the Bill which he proposed
to introduce. He desired to bring it in immediately,
Merely in order that it might be printed and circulated
among the legal profession, whose opinions and super
tient with regard to the provisions of it he was anxious
to obtain. He should propose that the Bill should be
reed a ercond time before their Lordahipa adjourned for
.the recess ; but it was not his intention to have it come
mitted until after Christina.. By this coulee the object
he hail in view would be attained, sod their Lordships
would have ateple time for considering the provisions 01
the measure. With these observetions he would proceed
tot detail, shortly, to, their Lordships time nature of the Bill
which, with the permission of their Lordships, he intended
to bring in. Nu had already stated that the object of time
Bill would be tolouhu the expense of, and to prevent
delay in, the proceedings of Courts of Law in We:Amine
.sterehell. The two great causes of expense is the Courts
of Law were the detective state of time pleediugs, and the
mode of taking evidence. And first with. regard to the
pleadings. it had been said by the anceator ,of a Noble
Lord then present that the science of special pleading was
founded upon principles of good sense end sound loeice,—
Chill was perfectly true whoa said of the sncient science of
special pleoding, because it was calculeted to bring the
oeuie to a plain Ind intelligible point. From the abuses
however, which had been introduced into the Leese*
special pleading, it could no integer he said with truth that
it west characterised either by principles of good science or
of sound logic. Indeed, the ;nasty forms evitieh had been
invented end foisted into time science, constituted Per-
haps one of the most striking disgraces of the age in
which we live, anti were not calculated to give the least
information either to the Judge wits was to try, or to the
parties who were concerned in the cause, The old 'peens
of special pleading informed the Judge of the nature of the
cause he was about to try; but under the new system, a
Judge frequently went into court having no more know,
ledge of the cause than the crier of the court had. The
multiplication of counts could scree tits other , purpose
than that of creating coefusioe, and hence in, a grey
measre the' deity and the expcnce which were eo Ere.
quent'ly and so justly complained of. If, however, he had
sightly understood hie Noble awl Learned Friend (Lord
Tenterden) the other night, his Nubia and Learned
had halftime(' thet it was the Intention of time Judges to
try whether these abuses could not be remedied by some
regulations to be agreed upon_ among themaelvele H,
hitch heard this with much pleasure, for its was eonvineed
that the subject could not he eatrotted to better hands, see
he should not therefore attempt any elteretiou in tleis pert
of the law until he had seen what these very learned and
very aisle men *Weld he melded to effect by time courts in
coetemeeletion. Leeving title part of the subject, there•
fore, lie eveuld pest oe to the next cease of capenee awl
'filmy in our courts of law—which wee, as he had were
.tetede the defect* in ehe'lew of evidence, or, in (abet
words, the nurnheT of wheretes which it was alWays pee
lade, and sometime* necessary, to bring into owl. 1.
constantly happened that au immense oteneer of wittiesteem,
were called tteprove riots whir.); might have beets Aimee.
cher mitittol in the trill, Inieutuse they were not materna
to the decisitme el the mew. There wee, as it appeered us
him,
,only one way of preyenting this evil, the Worst con-
-441 uence of which was not the great Awl onneceesery ex.
peeve to willeh the parties were put-4uti as it (caved, 0.
great died Of swearing, it caused alto, he was afraid,
greet deer orprejure, Time only way in which
thibught t:. is evil could be prevented was to have re
eimurea. to exarnieatiotte neon interrogatoriet In this.
'rationing the recommeemietions which had been made b,
the Conunismionetie l e proposers to snake partite
to be eximitted qn interrogatbrieme by which tneee,
The filets to hp tiled 'would be feirly brought uuder th,
k.nowledge of theourt, and 'Of the polies emeteernee
e, the He felt convimicesi that if the two parties
el yam,. were mesh, arquainted with the fecte
to be tiled, amt with the evidence to be admittemel, umuee
expellee would he spared; for there' could lie no !rope o
and st maim who leads case which WAS tuanifdstlj
'eueuereinable against time evidenee of his adveriary, woo,:
tee advised nut to proctr:d to trial, He was sure that Irk

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ties eon*, Otte.ftitirtra at the OrttelOtteltewitege could be
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In at salt,. prop 4 rilooa 410.41 K W .iftftriiktir' 1" t''
.1 . tial
It:toot be 4..xitottit A Ago jrni., e‘,. wick* ,
~. r W mire
[to notice law Olt s
,iyiretlrLbe) predieettlet of r3yil and not
of lOnel, : Ife . ' nnteatucto. ip It us eentorent. lie
slant ' ;4144 4 ,: wee. 1,00 'cheep weefil
.113 r rA te84.48c7
to!'
t 'ir ,ti.arittittiftly'pr:oillio.) ratites feeling% between
A
ma s ltfalle be rrset)e thtior toloossee,a, liowevs r,
lie 'Mille ,art..
eyeibee';ktibeiteelii the greet,expeene of legal
l ...
pr0c,,,ain.k.,,,y4c.,,,,. evil titan ineternoug litigation,
lie wet e.' ii ' ' 7 104.itt 0,14 et 7i ley'n the o
oi.k;o
t3'fatie...4...fl:-_,.. . ilaweltelee Tojr(4 litigation
pre too ttii:
~..
.-lajop.fßot anme eogry, none
more tenter
~
~.;
.., _
..,s ploy
.teetent which the
' perverted,p/ : •. I,:i t.' , meg Amide invent, Whet, he
%%odd fift. „ 4. :
‘. astir, IlllaNtjnl the feel-
inga i
~, e s efts. h ili il in it
' dtlakt, I'smb• '"' ' t rat 3 seen .1) .e
4v.
pF01,4
by en 0010#7 '9 ' '
.. I t !eih;l4l a, good eatille t,f
flti
arrion,.itei.!tia ' ..i,,1:. .‘aita ptutg to obtain redress
eI, - .
by the titti ilia& tkitttp7.,:nt, the woes* would i ediree
leog:41
'domicil:Ned ' Itle- pray:, ' poverty ? Alutt pat 1111 ell it
into het more bitter aud tome, filature lietred both agetrist
his neighbonr end eleoret the Ceettereelit„ svho in
Act aelnally degieti him jitttiote thee
..ttny degeeti of liti-
gation t'intjd eiertitbry sees ite ? 'While
,isle, meted Lie do-
f‘evalitiell
tfiiiittir, olatithi,Acit'ttie;utt:,v,i4isal,l ii‘;,lectoe,' tax44..l;e
;411.1teti:t.
ce,slaisned,
they tiff* apd.,retfietityow had. to , .:ieeroleegtee filtin Ally
'that- Could arl'ee 'fee* the p,
~ .4, •,!. efl etre number of
'eases whieh could! rw • *mit, 1 wit Pt) i 03116 4t4 email.
,qUeiliel to 014141'161..i1i. ffes tooth, then, with regird to the,
r tion, that by- witn464 exa,oioatiiiii on iotr, rogato-
tro roti;ey would Ireare the elpeiiiie of hey I proreedingie
so indeite litigatiee . A sot licr 01,i1;t fitnl Viili 41 had
peen melte ro the prepesel (1.1 1, .4 .1 inioing parties, on iiiterro-
'grsteriet way, ' that 11.1.,i,i,,,.i 11, ~,,,,, they would open
flit deter to perjury. This he po4itiyely ied, 114$1 be
appieshii tii every min who lied expetierieii forn *natter
to say whether their exeerience did net,,'iregititern that the
coottary seetilil be the fact,--whethkr thiy ad out inva.
nobly found h
that eautea which were O kll ut ':1,111, had
alty4yri beer' the csuoie which weir toost sati4leterily
dtti
tried. ' But f.,ittiti't.i it had beer, object' ii abet it was
not proper to ptit tier polio, to tes.salio,,tioo opou oath.
This, however, eindil be—nay, wst:--flon,, every 'ley tin-
tier .the existing law. Ile Could gi) ilea the Court
by chiliwory tad make his adveitAcy.enswet upon oath.
Win it 'then, Wits the .
.dillerenee het wren the existing a ,
peoAttie' in equity arid' the roues 'tar tell lie.-foleisse.
mg the die'ononentistioes of the C,lntulitaionent..-now
.protwrd should' obisin at 'law ? 'Why, the ditetrEre
WJI rine of etprinse sialyt hod .therefore altogether in
hit favour -'at kart, be" ti tl4h Lorilahi wortlii
_.
thick so. fly going into' ibteromit'r pliaeetry ')e ehouhl
be pat to the expense, pethaPti, or OA 4erhogie of more ;
while in a eourt of 1.e., in Weiondustielorfl, etmlif, if
this profit-writ of hit were sidietiened, OM., iii the '
saute re-
dieter for as 0140 y shillinge. The ilifferetice therefore wee,
es he had stated it to be, one of etpeisse ouleseeehoes„,
Wheel, their Lordships •thould tiled eilisther ti fr, i,„„ hi
.tfil'iniperiority•of ti,r prosettling. In Imew over the preeeede
fsjim in equity; and many of their tasedideps, probably,
liiiff breed, ts lie lota, 4 Noble and i esetted ft .ri atste in
, -
'Wet /louse, that a men mutt he a very heti equile
dreughttirset, indeed who could not draw smell en Answer
at llieuhl be no sower at all. Here, then, would he a
new dilferettcot and, it would eintsitt in the *urn iiii ity of
oral answers over striitee ator eirrie' Ile propioeil tiles the
parties ex atoirted 'on '1 iderrogatoriet the Oa g ive on, I, hit,
swerie. Thee '. far he went with the Commiseiiiiiett i het
they werenfripitifen that no other questiont tieiii duet! it t
down in the interrogatories should be puttee the p.rtierr; and
herein he differed from the Cornmiationers, It wettlii Oat be
dinieult to show, if it were necetsery, that the 'tumor of 1
parry to one question raid, very eftaru, neetrally viiggest rlil.
other end ri very itoperraot qtreition, whith, at flit' SUMO`
could not have keen !invitee, so the interrogate:lA hail not
' provided foe curb an neeterrenee. 'Netlf: *Nit .4 proposeit,
therefore, was, that in inch case sheet, itrigfit 'fie vested in,
the examiners the pewter of pelt's**, the party remained
•tuth . quotioti or questions et eny weever of that parry
might suggest. Ile would 011Owethis power to the ex-
aminers, whith, their Lortliihipe Seoulil;see,'Wes plug Ne-
ther than the Commistioriere were imilinesi to think coo-
&Went with propriety. lit had, however, taken effectual
care that the parties should not toiler by the abuse of tithe
power. INei had given to the party about to he exiimiotel
'the Velvet, of taking the 'Mkt rOgittories leeforo et Judge.
and of applying to the. Judge 10 strike out Of titian toy
questiou vellieis the party might itlieet to attewir, TIM
Judge Would direisle ripen the propriety or the inipropriety
of the questions thus excepted. This ptosivitin world
guard ageiroit any improper question heing.phicoll among
interrogatories. He gate alto to the same patty the power
of applyitig. to a Judge, afire his examination, to have ee.
Rouged `trout hit evidence any answer which he ought
pot PI hoer given, inst. wide!, might have been drew 41 fl'unl
him by some quittioi suegesteil by Ida enswer, which
ritoistiott wee au improper one, or whit+ might Mayo been
given in reply to some our of the interrogatories which
might also be an improper one, but of the impropriety of
which the party, at tbetime of his teased:l4llmi, might taut
lore:been tangible: Thee, provisions, he thought, would
effectually guard egainet any improper site of that power
with which be was diapered to invest the exitethiery ; tool
if so the .consaqueuees of hie proposal woelii he, to fester*
the expense of the proceedings, amt to facilitete the trial
of causer'. He had shown how it would leaten expenee;
and the way in which it Would facilitate the trial of emotes
was thiseoit would cause the case of etch party to be fully
disclosed, as in the trial of issues from a Court of Equity,
which trirds he believed every Into on the beach
would admit were the moat easy and the most iets
tiefactory that ever inure before a judge aril jury. Belem
he left this part of his auhjeet, aline/ him to observe, the',
them was allied it which all that lie proposed should le,
dune generally might ballot* under• the exieling law.—
Thu assignee,' of bankrupts were now permitted ti. sum.
anon Coy persons against villain they brought aetions be.
'fore the Cinnittitsiouers at Bankrupts, and to heroine
them us often as they iiletted upon rettli--hy which meaue
assignees frequently extracted rufficient evidence to 'sup-
port their (teflon.. • Now shit was either right or it was
wrong, .11 it werieright,-.4 it were prepee that ati-
stgeetie of -bankrupts should be allowed to stamina thew
wholn'they autelso..then he would defy any min to chow
,that it vim met squally fit and proper that other pleintefe
should Imes the saute privilege. lf, hoivever, it war
wroagoss•if it were improper togollow metignera of hank-
rums to examine tioteadanta to actions ' brought by the
aseignees,--thett this privilege ought 'to be' rah away
,froet. then Immediately. Now be humbly- conceived
'het If he were to . stop here,. be "should 'styli merle
lout a rufficient ease to wai-eta their Lordship% in
seceding to 1114 proposition. ^flut this W/48 Omit the extent
of his propialltion. With the pertitistiont'of their' Lord,
*hive he intended to go further, idwayl'ivith the view
of lessening the expenie, and abridging- the (icliy, of
legal proetedings‘. it would probably bit in ill,: - !:coller.-
non of messy of their •Lordshipe, that erni act se et lately
petted, of which die objet was to get rid of shale wrier
of error. Oittelv gaol! had &Wolter hien 'fleeted by
this Act, but the act had produced evils sv Lich were riot
anticipated by the framers of the riseiteure. Before the
passing, of this ~lot rt party could pet isis'adversary to great
experuns, end uueld'effeet great delay iii the' final itiljeilica.
time of a erwe, by resorting to the texttiotri proceetlitigt
which shalt writs of emir left open to him. limier the
existing law the same party who multi vii looser have re.
muse Ia a Giant writ of enter, proeredoil to the very !wit
etigeol tho trial. Thie party might lei vitally diatitilie
of ell means of defraying the welts of the action wiien de.
eidrd against his arid his utiforteoste, though siniveesfel
edverstry, would be fixed with the pay nient uf the .'costa.
Now thit was not teittantageotis to the ono party, and it
was most gritvotia liii the ether party. He proposed' thei e-
fora to alter this system, and to remedy the evil it harried
with its In doing shies he hoped it would not be core.
thieved that he prepaid to sort teite much power in the
Judges. He conittessisi that in his hpiniott the
,Judges
;night he trotted with the greatest extent of power tyluch
it was safe tit 00iiitertit to any melt ; but . it -might 14$ that
he Was wroug in this, sail that be was prejudieed in fevour
lot the Judges by having Willi' as long one of anent, 'How.
over, it was noveey peat power which liir *woe proposed
they ehoutd he invested with.' Hit proposal wail tides....
namely, theteehein the Judges' 'shtitti,l att., upon' the face
ee. %lid axaminatieet, that ' a party hail iio cues* of 'netioti,
or no defenee to an action, the teems abould riot' pre.
teed to trial, Wow loch patty gees, aetenity Itir the
routs which would be ineurreel therelly, lie need hardly.
- iiserye, that lie did not invest that any Welt power
liotild he exercised by a Judge when faits werein 'dispute.
hi such a ease s Judge arid jury only could (leeith, mid
tar 4* , from kiln to propose that any one else eliould
ft/18198m* i 8 such it ease. This power weittili he exercised
only in CANON shoo certain feet* were it,intitted, And upon
AS face of which admissions it Was manifest, either that
the one. party had no :cause of action, or that the' 414 lOW
party hail no defence. In either case it was only just to
the other patty that he should be stritnerrl egaititt thee, pa.-
meat At thaw calla which, when the ettieekeehot,4l' are
earn wit! 188dhr, would and ought to fell upihr tlee thhe 4' :esiteitil perty. Time thaneLrthighipi mm6l
.o', HO t iea
men was prevented by Ida proposition' ft Met ther,"iho it
camp, its far as lie chant an, carry 41.,..-41int'sisa iti i,ity, as
far as the proem of th9aw, as it low .tout, would :,'bats
hill to owl it. Hit propoliarion uterely weet to three,