The Sun.
London, England, 1839-06-10 00:00:00

THEATRE ROYAL, COVENT GARVEN.
The Public is respectfully informed, that the
PRESENT INIANAGEMENT WILL TERMINATE
WITH THIS SEASON.
THIS EVENING, Jut. 4. 10,
Will be produced at Historical Play of
KING HEN/..Y V.,

From the Text of Shakspearc...
King Henry the Fifth, Mr. Alac:eady.
After which,
KATHERINE AND PETRUCHIO.
To-n-iorrew, The Lady of Lyons, with Amilie.

ROYAL SURREY THEATRE.
LAST WEEK OF THE OPERA COMPANY!
THIS EVENING, JuNr. 10,

'Malec. performed, the Comic; Drama called
PETER THE CIREAT AND PAUL THE MARINER.

After which, 13ellini's Opera of
LA SONNAMBULA.

Count Rodolph, Mr. W. Balfe ; Elvino, Mr. Templeton ;
Amina, Miss Romer.
Ts conclude with the successful Drama, called
ALICE GRAY, THE SUSPECTED ONE.

Under her MAJESTY'S PI IEDIATE PATRONAGE.
ROYAL SURREY ZOOLOGICAL GARDENS.
Bridiant success. 1 !
GRAND " PROMENADES MUSICALES ET CHAM-
PETRES! I !
THIS EVENING, JUNI! 10,
TO-MORROW, and THURSDAY NEXT,
Commeneing at Six o'clock, and terminating at Nine.
By a splendid Band, composed of the most distinguished Instru-
mental Perfgriners in the Metropolis,
Selected and coutluc'el by Mr. Goat-fey.
The magnifleent Day-light View of MOUNT HECLA, and
the unequalled Menagerie, are exhibited daily.
Admission One Shilling.

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47)
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Zhe atl_,L.

LONDON :
MONDAY, JUNE 10, 1139.

In the few observations which we made on the
debate in the House of Louis on the Court of
Chancery, we ventured to suggest that the most
efficient, and indeed only efficient, reform would be
obtained by abridging the temptation of solicitors
and barristers to bring improper causes into Court.
Of course the same observation applies to their pro-
tracting suits. Let any man consider for a moment
what must be the effect of having an army of func-
tionaries with a strong pecuniary interest (in a
country where the desire of wealth overrides the
sense of honour, and very generally the sense of
honesty), in protracting and multiplying suits. They
never can lose. The property about which they
provoke these contests is always enough to pay them
all their expenses and all the fees. Whenever it
ceases to yield payment to them they give up the
Cause. A Contemporary (the Standard) seems
inclined to throw all the blame on the rich litigant,
plaintiff or defendant, relying on the weight of his .
purse to carry him through, and on the poor liti-
gant, relying on delay to weary out his opponent ;
but neither rich nor poor litigant could act with-
out the instrumentality of solicitors and coun-
sel, who point out the course, to insure delay,
or give that victory to wealth, which ought
to 'belong only to justice. The State, or the Courts
which act for the State, by licenses and monopo-
ties, by regulations, presenting the duties of solici-
tors and limiting the power of pleading in the Court
to certain individuals, makes itself responsible for
the character and conduct of solicitors and bar-
risters. Admitting, therefore, that part of the
Cost arises from unjust litigants themselves, by what
light, let us ask, does the State create and organise
two large bodies of men to pander to the vicious ap-
petites of litigants, and urge them on in a career
of litigious fraud, while they are themselves
seem e, and like camp followers, plunder both
parties ? As leng as their avarice is stimulated
Ahere can be no improvement. It must be quite im-
-1). °s4ible for any multiplication of Courts, or for any
exertions on the part of the Judges, to keep pace with
ide self interest of the host of solicitors and barris-
ters, as long ts they may, unChecked, encourage liti-
gation. They, as well as causes, will certainly be mul-
tiplied in proportion as the increase of Courts aug-
ments the facilities for deciding cases, and enables
them to persuade suitors to submit their adverse
claims to a Court for decision.

To show that our notion on this subject is
neither singular nor unfounded, we shall quote a
passage from a pamphlet by Mr. SPENCE, Queen's
Counsel, and a Chancery Barrister
I have serious doubts whether one Judge would be suffi-
cient, especially if he is not to be confined to his duties in
the Court of Chancery; for it has been found by experi-
ence that no sooner is there a chance of getting causes
heard, than they multiply to a very great extent. The
average number of causes set down in the three years pre-
ceding the appointment of a Vice-Chancellor in 1813 was
five hundred and forty; in the three succeeding years, it
increased to seven hundred and seventeen ; in the three
years ending in 18'34, it had increased to 1,301. Petitions
and motions have, since 1813, increased in an equal or
higher degree ; the funds, too, which have been brought
into the Court for distribution or administration, have in-
creased from about 29 to 40,000,000. The appointment of a
new Judge at present would, I have no doubt, produce a
corresponding increase in the business. I therefore can-
not recommend the appointment of a new Vice- Chancellor,
as having that quality which is now deemed so essential,
namely, finality ;" indeed I should be sorry Hit bad.
We hear an immense deal from Conservatives of
the wisdom of our ancestors, though the lawyers do
not very highly compliment the wisdom of former
generations of priests, nor priests that of
former generations of lawyers ; and the spe-
cimen we have just quoted of the cunning
of the latter tribe will amply justify the doubts of
,the clergy. It must also be remembered that
former generations of lawyers provided fees for
every stage of a process, and thus they gave a
strong interest to all the functionaries concerned to
protract suits, as well as multiply them.
Under the stimulus of that sinister inte-
rest the present practice of the Courts of Equity
and of Law grew up. It was dictated and ar-
ranged by the lowest and most paltry motives, those
of the self-interest of the lawyers, not from any
comprehensive view of what was necessary to pro-
cure a fair hearing for adverse parties, and enable
an honest Judge to pronounce a correct decision.
This generation, however, must suffer from that, and
tiara must abide by this chicanery as the wisdom of our
ancestors. Taking this view of its origin, we agree
with the Eveningm. Contemporary already referred
to : •

To ordinary observers—to all certainly who have ever
seen the pleadings by
in an equity suit, unaccompanied any
fee to themselves; or—a still more instructive and im-
pres!ive lesson—have had to peruse a bill of costs in
equity, tha¢ remedy presents itself et once—a trenchant
reform
of the whole equity process—a reform which shall
diminish the costs of suits in equity nine-tenths.
Mr. SPENCE seems inclined to a similar opinion,
though he does not carry it so far as we laymen,
for he only says it is necessary " carefully to revise
the practice of the Court of Chancery." But as
long as barristers can make large fortunes by en-
gaging in unjust causes, as long as solicitors can also
acquire great wealth without incurring the chance of
loss, so long will all improvements in the practice
of the Courts, all trenchant reforms in the whole
equity process, be but trifling with the evil, if they
do not give facilities for these two classes of men
to provoke litigation. We therefore are quite de-
cided that the only means of effectually reforming
the Courts will be to make such a reform the inte-
rest of the two great classes of legal functionaries who
now combine to promote litigation ; and we are
also convinced that the effectual way to chock .their
improper proceedings would be to place a power in
the hands of the Judges to fine heavilynjust both ci
tars and barristers for promoting u
We contend further that the Legislature is bound
to do something of this kind, because those two
classes of men exist like the Courts, themselves, by
its regulation. They are not like merchants
and bankers, and hand-loom and power-loom
weavers, the offspring of the natural wants of
society and of the division of labour; the monopoly
and privilege of the barrister is conferred by the
Courts, and the solicitors are their servants,
and subject to their jurisdiction. Such a prin.
\ciple of reform may not fail within ordi-
nscy mks ; but the many unsuccessful at-
ter-iv' ts which have been made to reform the
Court of Chancety, prove that the application

of some new principle is required, Ours may
seem to be sweeping, at the same tune it is simple.
It concerns, however, only the holders of property,
and if the pocr are deprived of a vote for the legis-
lature, they may also congratulate themselves that
they have never anything to do with the Court of
Chancery.

We shall conclude by quoting from a second
pamphlet of Mr. SPENCE, an example of the
manner in which Solicitors, Barristers, Judges, and
Masters in the Court of Chancery, have hum-
bu";ged and plundered the unhappy people who
have recourse to them in the hope of obtaining
their rights :
The cause of Stubbs against Sargon was instituted
some years ago, to clntermirre the rights of the several
legatees under the will of a person who had realised a con-
siderable property in trade. The costs of the suit up to
the hearing of the original cause were taxed and paid
some time since. Bills of the costs incurred in the subse-
quent part of the suit were lately carried in to be taxed,
preparatory to their being also paid out of the es•ate. 1
have put in columns the amounts taken off on taxation
from a few of these bills, and what the estate has bad to
pay for the berklit thus derived r
Taxed off. Costs of taxation.
s. d. s. d.
Plaintiff's bill .. . 71 810 78 14 3
Deft. Field and wife 24 17 0 62 8 2
George Stubbs 3 0 0 60 15 01
Wm. Stu Lbs... 12 15 0 62 0 6
Silver and wife 27 17 2 68 14 9
—Pound and wife 45 15 0 63 16 6