The Sun.
London, England, 1862-02-26 00:00:00

CHANCERY PROCEEDINGS.

Mr. ROLT moved for leave to bring in a bill to enable
the Court of Chancery to determine questions of law and
of fact, whenever it was necessary to enable it to administer
its jurisdiction. At present the Court of Chancery had a
discretionary power, but his object was to make it impera-
tive, Great inconvenience arose from the present state of
the law. There could be no doubt as to the capacity of the
judges to decide questions both of law and equity, and all
that had to be done was to see whether they had sufficient
machinery to enable them to deal with these questions. At
present the law of evidence was reduced to the same level
both in courts of law and equity ; and if there was any
business which the equity judges were incompetent to dis-
charge, it would be easy to deprive them of jurisdiction in
respect to it. There were no judges more ready and will-
ing, and more competent to deal with questions of law than
the judges of the courts of equity. He thought that the
measure he proposed would afford a simple remedy for a
considerable grievance, and confer a substantial good upon
the public. (Hear, hear.)
Mr. P. HENNESSY seconded the motion.

The SOLICITOR• GENERAL entirely concurred in the
views and principles expressed by his hon. and learned
friend. He also agreed with him in his estimate of the
practical importance of the measure he proposed. His
noble and learned friend the Lord Chancellor had autho-
rised him to state that his attention had been directed to
the subject, and that he had it in contemplation to deal
with it as well as with other questions connected with pro-
ceedings in equity in a bill which he proposed to introduce
in the other house during the present session. His noble
and learned friend did not, however, wish to throw any
impediment in the way of his hon. friend's measure. On
the contrary, his noble friend expressed a hope that he
should receive some valuable assistance from him. It
must be admitted that the judges of the Courts of Chancery
had the power as well as the capacity of dealing with ques-
tions of law as well as of equity. He assumed that his hon.
and learned friend, as regarded questions of fact, did not
mean to deprive the judges of equity of the power of send-
ing certain questions to be tried before the judges of assize
and in the country. For obvious reasons it was desirable
that they should retain that power of sending cases to
be tried in the country, where perhaps all the witnesses re-
sided. He agreed with his hon. and learned friend that if
the equity judges only possessed a discretionary power to
try questions of fact, they would naturally be inclined to
refer them to the common law judges, from a belief that
they were more capable of dealing with them. He thought
that the legislation which his hon. and learned friend sug-
gested would not only bo useful for the purpose of getting
rid of the objection to the exercise of that discretion, but
also for cutting off a set of bad precedents, and thus reliev-
ing the judges from the fetters which they imposed. (Hear.)
Mr. HADFIELD gave his assent to the principle of the
bill, but suggested some difficulties in regard to the details.
Leave was then given to bring in the bill.
PROPOSED ROAD ACROSS KENSINGTON-