The Sun.
London, England, 1865-03-04 00:00:00

of the -nation require, and which experience de-
clares to be rendered • necessary to suit
the to .mper of the times, and to con-
duce to the advantages of the community.
Lord Sc.. LEoNARDs opposed the second reading of
the bill on several grounds, the chief of which
being that the County Court Judges were deficient
in a knowledge of the law. He said that the two
branches of the law were quite distinct, and it was
no disparagement to say that those men fixed upon
as referees would not be able to discharge their
duties in an adequate form. This objection is, how-
ever, purely a technical one, and there is no reason
why the difficulties referred to should not be met
and overcome. Besides, it is not always those who
are too exclusive in their attempts who succeed the
best in rendering in the end the most effectual ser-
vice to their profession, and reflecting the greatest
credit on themselves. Lord BROUGHAM and Lord
CAMPBELL were both common law lawyers, and the
former went from a stuff gown to the woolsack.
Many others might be cited who have also proved
themselves capable of performing what Lord ST.
LEONARDS regards as an impossibility. Equity, if
rightly regarded and properly considered, is not more
than the exercise of common sense and the applica-
tion of right feeling. The Lord Chancellor, in addi-
tion to this objection, very aptly observed that he
was sorry so hear the noble and learned lord de-
clare that these judges were utterly incompetent to
administer business in equity, because " he had prac-
tised in the Equity Courts, and was present when
Lord LYNDHURST was suddenly transferred from the
Court of Common Law to the Court of Equity
which he afterwards adorned for so many years."
This was a capital retort, and must have impressed
the House with the futility of the objection, which
nevertheless possessed sufficient appearance of
validity to impress and influence many at first sight.
No greater mistake can be made than to
fix in predetermined limits, what may or
may not be done ; it is a safer and wiser cause to
extend the line and enlarge the sphere of
action, to suit the requirements of the case and
answer the demands of the time. The Lord Chan-
cellor humorously observed that he did not regret
the opposition of the noble and learned lord, because
by this means he was certain of having a close
scrutiny into all the provisions of the measure.
This is very true, since it is the surest mode of
acquiring and approaching perfection to sift the
matter over and weigh well the conflicting claims,
prior to coming to a decision that must be final to
a great extent. The noble and learned lord also
declared that he was not aware that the judges
possessed that modesty as to their own capacities,
which Lord ST. LEONARDS imputed to them, but if
they do, said he, " I advise them by all means to get
rid of it as soon as possible." It is satisfactory to
gather from the.LordShancellor's speech, that by the
provisions of this bill the County Courts will be put
in the way of attaining that efficiency, and impart-
ing those advantages which they were intended to
do, and the now fulfilment of which as yet has been
a source of regret and a ground of complaint with
many. It is curious to notice also that by one of
the provisions of the statute by which these courts
were first intended, they should apply to equity
as well as to common law, and therefore by those
proposals of this new bill the original purpose will
be carried out to full perfection with increased
power and extended privileges. A system
that works well in any capacity, will in
all probability also work well in another.
There is no reasonable ground of argument put
forward against this measure that can at all justify
its rejection by the House, and, on the contrary, it
is earnestly to be trusted that it will be permitted to
pass into law, as the Lord Chancellor forcibly re-
marked in conclusion. There were many things to
be said pro and con for the bill, but, it was im-
portant that it should be subjected to every kind of
scrutiny and anxious care. There are good grounds
for hoping that by the passing of this measure a
real and substantial advantage will be conferred
upon the community, and that the obstacles which
are apparently in the way of its successful working
may be put aside at once and for ever when it comes
to a practical working, instead of being merely the
subject of theoretical discussion into which techni-
cal prejudices will perforce intrude themselves.