The Sun.
London, England, 1839-06-08 00:00:00

This ought to be done. It was one of the most important
rubjecta that could engage the attention of the Legisla-
ture and the public, and the profession even were not
aware of the difficulties with which it was surrounded—
but he would be ready to afford any assistance in his power
for effecting those improvements. In conclusion, he
begged to apologise to their Lordships for troubling them
so long—more especially for troubling them so much about
himself, but he had felt it necessary to contra
diet some of the misstatements which he bad
for a long time left unnoticed, knowing that
the day must come when they would be satisfactoril)
1 answered..—( Hear, hear.)
The LORD CHANCELLOR agreed with his Noble
and Learned Friend who had just sat down that it would
be most expedient and practicable to establish an appellate
jurisdiction very different from that which at present ex-
isted in the country, and also that it was absolutely neces-
sary for the well being of the Court of Chancery, and but
just to the suitors, that the head of that Court should have
his attention exclusively directed to the business that came
before it. He felt that so strongly, that in 1836 he had
turned his attention to the subject, in the hope of remedy-
ing the acknowledged evils. The plan he had suggested
was, that a permanent Judge should be appointed at the
head of the Court of Chancery, and that the Keeper of the
Great Seal should preside in that House, and. at the Ju-
dicial Committee of the Privy Council, at such times as
be might not be employed in the House, but a majority
of their Lordships threw out that Bill. His Noble and
Learned Friend had all but approved of every part of that
plan, and nothing would give him greater satisfaction than
to carry into effect some of the suggestions his Noble
and Learned Friend bad thrown out. He did not
wish to keep the Appellate Jurisdiction within that
House, but to have a distinct Court established.
Having found the appeals reduced, and that he was able
to keep them down, he had endeavoured to try how much
time was occupied by a Chancellor in hearing original
causes; he had heard sixty or seventy causes in the course
of last year, and it should be recollected that such was the
pressure of business in the Vice-Chancellor's Court that it
was with difficulty any cause could be heard there, and
therefore all short causes were struck off the list, conse-
quently they were all hearing causes. When Parliament
was not sitting he was able to devote considerable time to
the trial of causes ; he had done as much as he possibly
could do, yet he had not been able to do anything worth
talking of. The arrears in the Vice-Chancellor's Court
were so great, that if he was to shut up his Court
to-morrow, and refuse to hear any new causes, he would
not be able to hear all that were now waiting for
... . .

three years. It was impossible justice could be administered
to her Majesty's subjects if the Court of Chancery re-
mained in its present state. Great addition of judicial
power was required in that Court. He had hoped that
this question would have been discussed free from party ;
but it had pleased his Noble and Learned Friend to at-
tack nominally the Government, but really himself, be-
cause he had not brought forward some measure. Now
his Noble and Learned Friend knew that at the beginning
of the session he was endeavouring to ascertain;wh at measure
he could bring forward to remedy this evil that would be
likely to succeed. He would be willing to accept any-
thing. In 1836 his measure bad been opposed by
some because they thought he asked too much,
and by others because they thought he asked too little.
If the evil had not become intolerable he should be un•
willing to accept this part, lest it should delay the reform
of the whole; but he would accept it as so much of the
whole plan which must be brought forward to remedy the
evils of the Court of Chancery. His Noble Friend had
alluded to the state of business under Lord Hardwicke.
He found the number of bills filed in the five years,

7rom 1761 to 1765 was 411 ; from 1831 to 1835

it was 1,283. Of petitions, in the former period, the
annual average was 379, and in the latter 2,813, while
the appeals in the former period amounted to 12 annually,
and in the latter to 55. In 1812, the value of property in the

Court of Chancery was 28,003,0701. in 6,266 causes, and at
the present time it amounted to 40,600,0001. in 10,914
causes. He did not know what effect it might have had
upon the health of his Noble and Learned Friend as a
Judge sitting in the Court from ten in the morning till
twelve at night, but he well knew it produced a most dis-
astrous effect upon his health as a counsel, who had to be
prepared for the causes that would come on next morning,
and he did not think a Judge, who had been sitting for
twenty hours before, could be equally effective in
the discharge of his duty. He thought a Judge
should take time to consider of his judgment and
refer to the authorities, otherwise his opinion would
be little better than a guess ; and it was not because
a Judge was a rapid one that his system should be
adopted. It was not a wholesome system that
did not refer to the authorities. Although this plan, by
creating two new Judges would double his labours, yet ho
would accept it, and he hoped he would carry his plan
further. He also approved of the other part of the plan
which prevented a Court of Law sitting as a Court of
Equity. It was impossible that any person could be better
employed than in getting down the arrear of causes in the
Court of Chancery. After that great object was accom-
plished, there would be no difficulty in finding employment
for the Judges. If the arrcar was got rid of he believed
the business would be very much increased.—( Hear,
hear.) Why in the- Vices Chancery during the three
years that Court was in arrear, the average number
of causes was only five hundred and four, while for the
three years after that arrear had been got rid of, the num-
ber was 760. Under all the circumstances, he believed
the public would derive a very considerable advantage from
the proposition of the Noble and Learned Lord, and it
should have his cordial support.
Lord L ANGD ALE was glad to find that the present
discussion had been characterised by a total absence of all
party feeling. He concurred with his Noble and Learned
Friend that the arrear of causes in the Court of Chancery
was a great and public evil. He was glad to find that
evil and that inconvenience generally admitted, and that
all parties were ready to provide a remedy for it. He
feared it would he impossible to provide a perfect remedy,
for the inconvenience arising from the political functions
which the Constitution attaced to the office of Lord Chan-
cellor, and which required so large a share of his atten-
tion in that House. That was a state of things
for which he feared there could be no perfect and complete
remedy. He doubted exceedingly whether, if a regular
equity Judge was appointed for the Court of Exchequer,
that the Judge would have sufficient employment. If, on
the contrary, there was another Judge appointed for the
Court of Chancery to whom all the business of the Equity
side of the Exchequer would be transferred, that would
be attended with very great advantages. Now, with
respect to appeals, it appeared to him that it was quite
unnecessary there should be three hearings of a case, or
appeals, as therwere termed from one branch of the Court
of Chancery to another. He thought it would be quite
sufficient to have a direct appeal to the House of Lords,
because in their re-hearings new points were frequently
brought forward, and the parties were taken by surprize
from the real facts of the case being concealed on the
first hearing.—( Hear, hear.) Again, in the Common
Law Courts, there was a great want of uniformity,
which frequently led to much embarrassment, so that
when there was an excess of business in one court
and a deficiency in another, cases could not be transferred
from one to the other. He would be glad to see that
remedied in some way. He had said more than he in.
tended, but he was very much interested in the subject, and
aas glad to find that some steps were about being taken to
remedy the evils which were so generally complained cf.
Lord LYNDHURST and the LORD CHANCEL-
LOR said a few words in explanation.
Viscount MELVILLE said one great grievance was
the interval that frequently elapsed between the hearing
of appeals, and the delivery of judgment. He knew the
time of the Noble and Learned Lord on the woolsack
was pretty well occupied with attending in that house and
performing his duties elsewhere, but he trusted the Noble
and Learned Lord would direct his attention to this
subject.
The LORD CHANCELLOR said that Term would
end on Wednesday next, a few days after which the
Court would not sit, and he should avail himself of that
opportunity by turning his attention to the subject, and
seeing if he could grapple with souse of the evils.
The motion was then agreed to, and their Lordships
Adjourned.

HOUSE OF COMMONS, JUNE 7.
The SPEAKER took the Chair at the usual hour.
Mr. Crafer presented returns from the Treasury.
On the motion of Mr. NEELD, the Harrow School
Estate Bill was read a second tirne.

Mr. BROTH ERTON presented a petition against the
Redcar Harbour Bill.

The Ainsworth (Somerset) Inclosure Bill was read a
third time and passed.
On the motion of Sir C. BURRELL, Blunt's E3tate
Bill was read a second time.