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

CO URT 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 ho 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 ender
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 ho 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 courtsthough very inspor-
tantinitselfconsisted 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 in the different courts ; and the appointment
of a new officer to superintend these would greatly pro-
mote despatch. He 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 Lcrd 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 had
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, hut 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 the inno-
centrsons as well as the guilty parties. There were p
in the kingdom so much interested in
.gttcianugnsoetahesros
the business as the masters themselves .
as that was disposed of, they would enter into the quiet
enjoyment of their salaries for the rest of their lives.
was quite true that their businesswiatscciontianch,
accounts, but that
with by the passing of receivership
could not be remedied without the atpooitnhtemetnitier 4
of an
officer for that purpose. With respect
gestions of the noble and learned lord he 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 apna-
rent one, if the obstruction arose from the parties, and
not not fsora the court. He had thought; of proposing to
direct the masters to make a statement in court every
term, with respect to the position of each case ; but,
of course, it would be better to have a report
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 lair,
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 lie
j had only to say that he was much obliged to his noble
and learned friend for his suggestions, and that he should

endeavour to act upon them as far as he was able. The
subject then dropped.

G_ Ml*; HOUSES BILL.
This hill •.va, read a third time and passed.
INCUMBERED ESTATES (WEST INDIES) BILL
The reprt of amendments was considerel and re.
ceived.
Their lordships rose at twenty-five minutes to eigh.
o'clock.