The Sun.
London, England, 1836-04-28 00:00:00

CAPITAL PUNISHMENTS.

Lord DACRE presented a petition, praying for the abol
tion of capital punishments, except in cases of murder. .
MESSAGE FROM THE COMMONS.

Mr. BERNAL and others brought up the Grand Junction
London and Birmingham Railway Bill, and stated that the
Commons had agreed to their Lordships' amendments.
The Sussex Turnpike Road Bill was also brought up.
The Marquis of LONDONDERRY presented a petition
from Houghton-le-Spring, praying for the better observance
of the Sabbath.
Earl CLARE presented a petition from the European re-
sidents of Bombay, praying for an equalization of the duties on
Sugar and Coffee.
Lord DUNCANNUN laid on the table the fourth Report
of the Commissioners appointed to inquire into the prisons of
Ireland.
Lord LANGDALE presented petitions from Robers
Al' William, against the Grand Junction Railway Bill.
Lord WHARNCLIFFE presented a similar petition from
Hull.

The Earl of ROSEBERRY gave notice that it was his
intention to move the second reading of the Scotch Entail
Bill, on Thursday next.
Lord HOLLAND presented two petitions from Mansfield,
against the punishment of death in any case except murder.
The Marquis of LANSDOWNE presented the Report of
the Committee with respect to both Houses of Parliament.
The Belfast and Armagh Railway Bill, the Wearmouth Dock
Bill, the Endowment Bill, and the Lanark Road Bill, were
severally read a third time and passed.
The British Alkali Company's:Bill was read a first, and or-
dered to be read a second time to-morrow.
RESIDENCES AND PLURALITIES BILL.
. _ _

The Archbishop of CANTERBURY, in moving the fur-
ther consideration of the amendments to the Residences and
Pluralities Bill, observed, that as he understoodthere were some
amendments of an important nature to be moved, he would sug-
gest that they should go into Committee pro forma that even-
ing; that the several amendments be printed, and if any other
amendments were to be moved that they also be printed.
After a few words from Lord Ellenborough, the Duke of
Wellington, and Lords Radnor and Melbourne, the Bill was
reported, and ordered to be printed.
CHANCERY REFORM.
The LORD CHANCELLOR, having moved that
that part of his Majesty's Speech whidh related to
the administration of justice should be read, proceeded to say
it became his duty to call the attention of their Lordships
to the plan which he should submit, for the purpose of carrying
into effect the intentions of his Majesty in that part of the
speech which was just read.—( Hear, hear.) He should
have to ask the indulgence of the House, because,
though it was not his wish to detain them at ®any
Yet he found the subject so uninviting, at least he found it
so in another place, that it was not easy to attract the atten-
tion of his hearers. But a subject more important than that
which he was about to bring forward, either to the country at
large, or to each individual of the House, could
not be found because the Court of Chancery
by degrees became the ultimate Court for deciding by far the
greater portion of the property of their country, and it was re-
sorted to, to decide the nature of property, the complexity of the
means resorted to for the better enjoyment of property, and
from a variety of other causes, which it was not now
necessary to explain, a large portion of the property of this
country was under the controul, and would continue so as long
as the present law existed under the administration of the Court
of Chancery. The Bill he had now to propose for their Lord-
ships' adoption was one to provide for the due adminstration of a
Court having such extensive jurisdiction—that Bill required a
most patient inquiry, and lie was sure their Lordships would give
it their most serious attention, and they would bear
with him while he shortly pointed out the existing evils
which it was proposed to redress, and what remedies
had occurred to him to remove them. As to the business now
transacted by the Court, he would refer to the returns which
he had taken the liberty of calling for. He had moved for
these returns from a very early period—some might think
from too early a period for the purpose—but he had done so
for the purpose of showing- the increase which had taken place
since the time when Lord Hardwicke presided in the Court,
which were called the golden days of the Court of Chancery.
Many doubted that the business bad increased since that time,
but considering the increase of the wealth and opulence, and
commerce of this country, it would be most extraordinary
if it had not increased. When the first appointment of the
Vice Chancellor's Court took place, he was astonished
at what was stated by Sir Samuel Romilly, who was not used
to bd incorrect—who was most particular :in his statements,
yet he had said that he believed the busines of Chancery
had not increased since the time of Lord Hardwicke.
He confessed he was astonished at it from such a quarter.
and that if they had now such men as Lord Hardwicke, the
difficulties would bease, and that the evils were not in the
system but in those who administered it.—( Hear, hear.)_..
For these reasons, he was anxious to have means of ascertaining
the fact one way or the other, and to know whether the in-
convenience which existed and the delay which occurred from
the pressure of business arose in point of fact from an increase
of bssiness, or from some other cause. For these reasons,
he was anxious to procure returns from the period of Lord
Hardwick's Chancellorship, but, unfortunately it appeared
that no books were kept during this period, and
consequently they were unable to make these re-
turns.—( Hear.) He would, therefore, call their atten-
tion at present to the period of his administration from the
year 1767, the earliest period at which the returns could be
comple. It appeared that the 9average of the
cases set down to be heard in the two branches
of the Court of Chancery, viz., the Court of the Lord
Chancellor, the Court of the Master of the Rolls from the year
1761 to the year 1765, was 411. This was the annual ave-
rage during that period. Comparing this with what ap-
peared upon the returns, the annual returns for the last 5 years,
viz., from 1831 to 1835, was 1283. Proceeding to an-
other description of business, viz., the petitions which had
been presented in the two branches of the Court of Chancery.
He found that from 1750—for the returns of the petitions
went back to an earlier period than the causes—to 1760,
the average during this period was 379, whilst, during
the last five years, the annual average was 2,813.
He had then looked to another branch of the Court of Chan-
cery, in order to see what was the pressure one the time of the
Lord Chancellor, in hearing appeals from the other Court,
that of the Master of the Rolls. They found they averaged
from 1761 to 1765 was twelve, and the average from
1831 to 1835, was fifty. The latter applied to all matters
that occupied considerable time none of them being
matters of course. He had now, he trusted, disposed
for ever of that imputation on the present course of business in
the Court of Chancery, as compared with the time of Lord
Hardwicke, and the assertion that no assistance was required
in his time. No man was more disposed to estimate highly
the character of Lord Hardwicke as a Judge than himself, and
few had better opportunities of judging of it than himself, hav-
ing been entrusted with the manuscript notes of his Lordship.
He had' therefore, abundant opportunity of tracing out the ac-
curacy and industry of that Learned Lord in disposing of
the business, whicn, although it was small as compared
with the present time, yet received his unremitting attention,
He found that that Learned Lord had not only made copious
notes but had adopted the best security for the suitor, by writ-
ing his judgments in his own hand, and then delivering them.
That mode of administering justice so much practised by
Lord Hardwicke, and which must have tended to raise the
great name which belonged to his memory, was a practice
always advisable to follow if possible.--(Hear, hear.) It
would be absurd to say that Judges were always to write their
judgments ; but in complicated cases lie was convinced that
no course was better for a Judge to adopt to lead him
to a right conclusion than writing out his judgment.
Drawing the comparisons he had done, it must not be sup-
posed that he was detracting from the character of that great
Judge ; his object was to rescue the Court of Chancery of
the present day from the charge of delay, not being able to
perform the business of the Court as it was done in the time
of Lord Hardwicke. Looking at the very great in-
crease of business in the Courts, no person whatever
could be at all surprised that the present machinery was
not as effectual at the present moment as it was then., An-