The Sun.
London, England, 1849-02-07 00:00:00

iTtning 051 tit

LONDON, WEDNESDAY, fEBRUARY 7, 1849.

The disinterested exertions of ;legal reformers have
been attended with great and well-merited success
during the last twenty years. Many important
ameliorations have been introduced in the law itself,
and in the mode of its administration. Various defects
have been supplied, and abuses swept away. The
undue severity of the criminal law has been greatly
mitigated—the mercantile code wonderfully improved
by the new statutes of bankruptcy and insolvency, and
the abolition of arrest on mesne process. Real ac-
tions have been almost wholly got rid of—Guice
impedit alone remains. More simple modes of assu-
rance have been substituted for fines and recoveries.
The law of evidence has been materially amended.
Witnesses cognizant of all the facts are no longer
excluded from giving their testimony because they
might have some trifling interest in the subject-
matter under litigation. Their credibility is now a
question for the consideration of the jury, but none
are rejected except the immediate parties to the
record. Great facilities have also been afforded
for obtaining cheap and expeditious justice
by the establishment of County Courts; and many
other changes and alterations have been effected
which have been productive of the most beneficial
results. Much has undoubtedly been achieved, but
more remains to be done. Many crying grievances
still exist, which must be removed without any un-
necessary delay.
The Court of Chancery has participated,
probably, the least in the general improvement.
It is true that one fertile cause of complaint
and dissatisfaction was removed by the appointment of
additional Equity Judges or Tice-Chancellors, so
that there are no longer the enormous arrears of busi-
ness hanging over, of causes ready for hearing remain-
ing in the list for years before any decision was pro-
nounced.
That evil no longer exists, but others
remain of equal, if not greater, magnitude. There
are radical defects in the mode of procedure that
entail intolerable expenses and most vexatious delays
upon the suitors. All parties concur in cen-
suring the existing system. The Judges, officers,
and practitioners of the court alike acknowledge
the justice of the accusation, while the impoverished
suitors execrate the system to which the misery
and ruin in which themselves and families have been
involved are altogether ascribable ; and yet, although
that hearty and universal condemnation of the prac-
tice of the court may be heard on every side, no
determined effort has hitherto been made to intro-
duce the remedies thatmight readily be made available.
The mode of proceeding in the Masters' offices are
perhaps, the moat objectionable parts of the entire
system. It is there that the heaviest costs are in-
curred. We have it in evidence from a gentleman of
considerable experience who has long held the office
of chief clerk to one of the Masters, "that the chief
expense of a Chancery suit is in the Master's office."
It is there that the most tedious and vexatious delays,
are occasioned. Inquiries may be directed that
could, under a judicious system be answered
in a few days or weeks at the utmost,
without the slightest difficulty or inconvenience; but
years are consumed before any report can be obtained,
and meanwhile the progress of the cause is suspended,
until the patience and finances of the unfortunate
litigants are alike exhausted, while they are exposed
to that " hope deferred that maketh the heart sick."
Many valuable suggestions have been made for
the ur ose of _eating this monster nuisance.
14Ebibeen proposed which might
-.7k.se-7' 'tiApik gate the evil. Mr. CnAuLcs
"' tik,l=-606 'x; tie-. inept Queens Counsel, who has
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sy ' tinguished as a legal reformer,
kr-'.'... *rt, -.t. sr should be rendered respon-
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