The Sun.
London, England, 1836-01-27 00:00:00

lORD BROUGHAM
REFORM.

TO THE EDITOR OF THE SUN.
Sir—Having elucidated the general prifreitil'es of
Lord Brougham's Law Reforms in ttAy last commu-
nication, I shall now remark ttpon the progress of
those useful, practical, and beneficent measures whirl.:
have distinguished the present age in an etuilient de-
gree. Never was there passed, within so short a
period, more sal.utary and efficient enactments pecu-
liarly designed to ameliorate the condition of the peo-
ple, to purify the legal departments, and to promote
national 'prosperity. Every man admits that Lord
Brougl:iain has been the illustrious personage who
propounded and perfected these important amend-
tuents. Was not his primary object, on being treater] Lord Chancellor, to enjoy the opportunity of using
such official influence for their final dccomplishinent ?
Having eradicated many abuse which long disgraced
the fabric of our legallnstit'ations, has he not procured
the substitution of other
the enlightened spirit of the age,
regulations more consonant with
and renovated condition
of the people ? Since such deportment deserves the
highest nat'..onal commendation, is it not proper and
necessary
of the to sketch the origin, and enumerate some
many philanthropic law reforms, which have
been effected by this learned, liberal, and persevering
Statesman ? -
'The numerous amendments adopted, both in Law i
and Equity, since February, 1828, when Lord
Brougham made his celebrated motion for enquiring
into the defects occasioned by time, and otherwise, in
the laws of this realm, have produced the greatest ad-
vantages to various interests of the British people.
His elaborate oration upon Law Reform clearly
demonstrated how the procedure in our Courts should
be rendered, trot only more expeditious, but also less
exPensive, so as to prevent needless and oppressive
litigation. The errors occasioned by a departure from
the original simple system of adjudication were in-
controvertibly propounded, together with remedies of a
seasonable and appropriate nature. But, was not the
policy of establishing the cheap, speedy, effective, and
Impartial administration of justice pertinently eluci-
dated, by adverting to certain facts and circum-
ra4ces which transpired in the tribunals where
:.! lad been his Lordship's province to prac-
tice,
ce, during a long professional life ? From the
ttcaiorunietctle(i mode in which this illustrious Statesman
the important undertaking, did not the
tol's' of Commons unanimously resolve, respectfully
4- rke(PleSt that his Majesty may be pleased to take
tic" measures as may seem most expedient for the
• 1:).11;rpose of causing due inquiry to be made into the
--gni, progress, and termination of actions in the su-
Perio,
Courts of Common Law, and into the state of
the law regarding the transfer of Rea( Property ?
..,.,Lord Brougham having adopted the most prudent
abuses and nuisances, which were incorporated with
c"r laws, and the dispensation of justice, two legal
Practical ✓
ceeration. Eminent barristers were em-
Powered to examine into the procedure of our Courts,
1,4d,t13 in whether any parts thereof might be con-
wen'elltly discontinued, altered, or improved. They
Z"e, likewise, to report what amendments or improve-
nts might be beneficially made therein, and how
le same might be.best carried into effect ; besides
;he law
learned gentlemen were authorised to investigate
z.'" law of Real Property. Was there ever produced
in this nation anything like the quantity of important
matter which these Commissioners, partly on their own
4lection, and partly from evidence and facts adduced
by others, have submitted to Parliament ?
ilovvever, the Commissioners generally agreed with
la(lst of the Law Reforms propounded and recom-
-11! ended 1,), Lord Brougham, many of which have been
81nee either sanctioned by the superior Courts, or
tnacted into laws. When elevated to the highest
Judicial rank, Lord Brougham introduced other amend-
ments to extirpate excrescences, curtail delays, abolish
useless formalities, and nearl exactions that corroded and
y strangled the law, by too close and proximate an
adherence. Far surpassing any of his predecessors by
effecting politic improvements during the period of
tillli.ng the office of Lord Chancellor, was not the repu-
tation of Lord Brougham pre-eminently signalized by
u. istantial and well-considered Reforms in the Courts
_t Common Law, the Court of Chancery, the Privy
_Council, the Metropolitan Criminal Court, the Bank-
ru.,,PteY Jurisdiction, and the laws of Real Property ?
i:rtt is it not advisable,
briefly since it cannot be deemed inop-
'co oreview many of the salutary acts and
regul ten"s tllat have been adopted respecting the
Courts of 1-;.
Lord B° equity, Common, and Criminal Law, since
quo-hain first directed the attention of Parlia-
Inent tni, b . '
The ands this most necessary subject ?
ti 'Act Passed for the more effectual administra-
on of Act passed
Justice in England and Wales, empowered the
41/I"°itittnCo°f an additional Puisne Judge to each of the
superior artsCo of Common Law. In all cases relating
to their practice, ti com
mon Jo
... ~ .
bulb the rismetion, the Judges were enabled to re-
nd
orders P by making such general rules
tioll
tomers as
produced considerable approxima-
of the ards alliformity in the practical proceedings
Terms w
Common Law Courts. The duration of
b,
erlabii:M regulated by statute; other Acts passed for
witti:la Courts of Law to order the examination of
givin: es upon interrogatories and otherwise ; besides
1ia,..i._6 relief against adverse claims, made upon persons
Lilb no interest in the subject thereof.
roptord Brougham established the new Court of Bank-
terin • Yby an Act which provided means for adminis-
e,
rupt,6 aetl distributing the estate and effects of Bank-
ti' 'Besides of determining the questions which from
tne
courtto time arise touching the same. This new
4,1 t of Judicature was constituted a Court of Law
I.3ankluitY, to the end that the rights, as well of the
foreedropts themselves as of their creditors, may be en-
The with little expense and uncertainty as possible.
it), ~ Judges were formed into a Court of Review, hav-
„;:cPerintendence and control in all matters of Bank-
h..,_ Y' besides power, jurisdiction, and authority to
- and
thereto determine, order and allow all things relating
eh 'as were usually brought before the Lord
.rancellor.
1 4-4041 Brougham's 'avv3 and Act for the amendment of the
better advancement of justice, authorised
edgess to make alterations in the mode of pleading in
'wllarnittt,eilbperior Courts, likewise as to the admission of
documents. Actions of debt for rent, cove-
io ond, or recognizance were limited to tell years;
r Penalties
ersto two years ; and six years in other cases,
With ex, .
as to persons under legal disabilities,
ments in writing within the time. Sub-
hianidssa,oenkueol:vt;
, ' to arbitration by rule of Court was made irre-
.._
,attendance vocable •
was rendered capable of
of witnesses before the arbitrator
arbitrators
enforced ; and power
granted for the arbitrators to administer oaths.
The Act for the Limitation of
rela
ting to Real Property, and f actions, and Suits
Or simplifying the re-
years of trying the rights thereto, limited to twenty.
Years, from the period of the right occurring, the time
for making any entry or distress, or bringingany action
tO recover
ecover any land or rent—besides it abolihed up-
wards of sixty
antiquated and expensive for mss of action
having reference to land. The Acts for the
111 Am, ent of the Law relating to Dower—Amendinend-
g the
.t,aw relating to the Estate of a Tenant by
the curtesv