The Sun.
London, England, 1854-07-04 00:00:00

TUEsnAy EVENING, irtrLY 4, 1154;

earl might be erected to celebrate that event, with the
100 guests mentioned by the noble earl. (Laughter.) He
agreed with the noble earl opposite is thinking that at
the present time it was not at all desirable to lay out a
large sum of money, some 70,0007. or 80,0007., on a mag-
nificent building for the Foreign-office. That money ex-
pended on the war would be more serviceable than if it
were expended in diplomacy or in objects which would
render diplomacy more brilliant. He concurred in the ob-
jection to the removal of the 14Thelosure Commis,ioners.
He thought that any decent house in Carlton-place
would be adequate to all the requirements of the Secre-
tary of War, and would suit the public convenience.
(Hear, hear.) With regard to the staff of the office, he
was of opinion that it should be composed of men who
knew war, and had seen service in different parts of the
glebe, and taken from all arms of the service, cavalry,
infantry, artillery, and engineers. In his opinion it was
essential if the duties of the office were to be efficiently
discharged, that the staff should be composed of military
men, of weight and authority in war. If it was thought
right that the head of the department should be a civi-
lian, it was essential that lie should have facilities of
constant communication with military men in the office,
who would advise him, not as his equals or as a board,
but as persons responsible for the advice they gave. If
that were done, he was sure that all the advantage
which the public expected from the severance of the two
offices would not be in vain. (Hear.)
Lord REDESDALE hoped that nothing would be
done with respect to the appropriation of the spare
ground till the subject was fully considered. (Hear.)
Great inconvenience existed from the narrow carriage
passage to the houses of Parliament, and it might be
thought necessary to widen Parliament-street. Great
inconvenience arose also from the scattering of the
public offices, and the continuance of the present build-
ings across Downing-street would be very desirable.
Lord CAMPBELL said that some scheme should be
laid down with respect to the courts of law. (Laughter.)
They could not continue in their present disgraceful
state. They were considered now to be an obstruction
to the cohesion of Sir C. Barry's great plan. They
wanted no splendour or luxury in the courts of law, but
they did want the necessary accommodation for the
judges, the jurymen, and the witnesses who had to at-
tend the courts, and which was quite inadequate at pre-
sent. On a recent occasion three of his learned brethren
of the Queen's Bench were sitting in the Bail Court,
when they were driven out of it by an invasion—not of
the Russians, but of stench that was " sublime."
(Laughter.) Mr. Burke said in his treatise "On the
Sublime and Beautiful," that a stench was a source of
the sublitne—(laughter)—and if that were so, this was a
sublime stench. (Laughter.) His learned brethren fled
from it as from an enemy. It was intense, pestiferous,
as any of their lordships might, by going there, be able
to judge for himself. (Laughter.) He was frequently
ashamed to show the courts of law to foreigners who
came over to this country. (Hear.)
Lord ST. LEONARDS said that, with very little ex-
pense, the courts of equity in Westminster might be
given up to the courts of law, and the equity courts then
removed to Lincoln's-inn. He objected to the carrying
out of Sir C. Barry's plan in, extenso.
The LORD CHANCELLOR said that it was the
fault of his noble and learned friend's colleagues that they
did not sit in the Court of Chancery, for he gave direc-
tions that the courts of law might sit in it when he did
not use it himself.
The Marquis of LANSDOWNE said that Sir C.
Barry's building was the admiration of all foreigners
who came over to England.
Lord BROUGHAM said that, however excellent the
execution, he retained his fundamental objection to the
barbarism of erecting a Gothic instead of a Grecian
building in the middle of the 19th century.
After a few words from the Earl of MALMESBURY, the
subject dropped.
WARWICK ASSIZES BILL.
This bill was read a second time.
EDUCATION.

Lord BROUGHAM gave notice that on the 17th
inst. he would move a series of resolutions upon the
great subject of national education.
CANADA.

The Earl of DERBY gave notice that on to-morrow
he would put a question to the Government:respecting
an important despatch which had been received from
Canada (as was understood) by the Secretary of War.
COURT OF CHANCERY.

Lord ST. LEONARDS said that he had moved for a
return of the number of cases depending in the offices in
the five Masters in Chancery. That return would soon
be printed, and would show the number and nature of
those causes, which he hoped would lead more speedily
than anything else to the winding-up of these cases.
The Masters' offices were abolished by reason of the de-
lay occasioned in the administration of justice, but some
of them were retained till the business then depending
in them was disposed of, and for this purpose the mas-
ters were empowered to summon all the parties to causes
before them, and if they did not appear, to proceed with
the business themselves, and wind up every case as fast
as possible. They had, therefore, full power to put an
end to these matters. The return, however, stated that
the number of causes depending in the five Masters'
offices was in round numbers 1,200. This was a
great evil, which it was absolutely necessary to put
an end to ; because, if these cases were transferred
to the new system, they would be a clog on the
proceedings of the courts, which ought to be permit-
ted to proceed in the administration of justice unembar-
rassed by any of these old causes. The matters re-
maining in the Masters' offices did not depend on legal
construction, being mostly matters of account and
inquiry ; and their lordships did not need to be told
that the longer matters of this kind were delayed the
greater was the difficulty in settling them. Great im-
provements had been made in the Masters' offices under
the new system no doubt ; but still the delay was not
much less than before the recent act of Parliament
passed. The report of Master Tinney—the first that
had been laid before the house—showed what were the
principal causes of the arrears. It appeared that one
case had been 14 years in the office without the accounts
being taken or the scheme settled, and several other
cases for nearly as long a period. It was a common oc.
currence for parties to get an order referring a case to a
master, and not carry it into his office for a very long
period afterwards. In many cases there had been no
proceedings for 12 or 18 months, notwithstanding the
attempts of the masters to force the parties on. Of the
private causes, one had been as long as 22, and .one 17
years in the master's office. The estates in the other
offices were much in the same condition. To meet this
mischief he proposed that such powers should be given to
the masters to conclude these matters as would leave the
parties without excuse for not proceeding. At present a
great deal of the business in the courts though very impor-
tant in itself consisted merely of passing accounts, and he
would suggest the appointment of a new officer, in the
vice-chancellor's court and that of the Master of the Rolls,
whose sole duty it should be to pass accounts. This
would greatly accelerate the winding up of estates, and
be the means of getting in more money. Under the
present system there were no fewer than 511 receivers of
accounts iu the different courts ; and the appointment
of a new officer to superintend these would greatly pro-
mote despatch. 11e would also provide that abandoned
causes should be certified by the Masters to the Lord
Chancellor, who should declare them at an end, other-
wise they might be revived as at present. There should
also be a power to refer questions of account to account-
ants, who would do in a few days what now occupied
six months. Some amendment was also required in the
mode of appointing conveyancers to assist the court in
questions of title. Whether the delay was with the
subordinate officers or in the chambers of the judge, the
evil was the , same ; and means ought to be adopted to
get rid of it. In some cases the masters did not know
how to proceed ; to meet this difficulty he would give
them power to apply to the court for instructions.
Fresh powers were also necessary in cases of abate-
ment and bankruptcy, in order that cases of this kind
might be wound up as speedily as possible. He also
proposed to give greater discretion to the masters
in admitting evidence, so as to obviate the de-
lay in taking accounts. There were other sugges-
tions which ho had reduced to writing, and he would
place the whole in the hands of the Lord Chancellor.
He had not the slightest doubt that greater despatch
would be produced by his simply calling the attention of
their lordships to this subject. Probably when they met
next session they would find a beneficial change in this
respect ; and in this hope he refrained from proposing,
what he should otherwise have done, that the masters
should be formed into a court under the immediate con-
trol of the Lord Chancellor. The noble and learned
lord concluded by moving for a return of the cases pend-
ing, in continuation of a former return. He hoped the
noble lord on the woolsack would turn his attention to
the matter, and that full power would be given for ob-
viating the evils complained of.
Lord BROUGHAM thought the statement that bad
been made a very valuable one, and hoped that it would
be placed in a permanent form before their lordships.
The LORD CHANCELLOR said he felt the impor-
tance of the subject as much as any one, but said that
the public ought to be aware that all this delay was
not the delay of the courts, but that of the parties.
When people got involved in a long question of ac
counts, they became weary of it, and would not pro-
ceed. The masters had been doing all they could to
force the parties on, but were unable to do so. In many
cases they had summoned parties, but some excuse
was always offered for not proceeding. It was true they
might punish the parties by putting an end to the suit,
but this would also have the effect of punishing thens
t inno-
cent as well as the guilty parties. There were noperroso
in the kingdom so much interested in getting through
the business as the masters themselves ; because as soon
as that was disposed of, they would enter into the quiet
enjoyment of their salaries for the rest of their lives. Itd
was quite true that their business was i
muchnterf
with by the passing of receivership
accounts, but that
to the-thee sug-
gestions
<
could not be remedied without theappointment of an
officer for that purpose. With respect
of the noble and learned lord ho should take
them into his immediate attention, with. a view to see
what could be done so as to remove this scandal—for it
would be a real scandal if they did not try by every
means to obviate it.—although it would only be an appa-
rent one, if the obstruction arose from the parties, and
He had thought of proposing not from the court. g to
direct the masters to make a statement in court every
be ielaavceh caase
r;epb,l,lrtt,
pb7ttiteiron of
term, with rietspwecotu toi the
of course,
laid upon the table of their lordships' house. The real
cause of the delay arose from the fact that it was not so
well worth the while of the solicitors to press forward
old cases as to commence new ones. It was only fair,
however, to say that the delay was in many cases owing
to the inability or the indisposition of the parties them-
selves to pay for further proceedings. In conclusion he
had only to say that he was much obliged to his noble
and learned friend for 114 6uggeltions, and that he should