The Sun.
London, England, 1825-07-21 00:00:00

LAW INTELLIGENCE.

COURT OF -CHANCERY, JttLY 20. •
IN RE ELEPHANT ANI) CASTLE CHARITY..
Mr. SPENCE was heard on behalf of the parish officers
after which

The .LOIID CHANCELLOR observed, that as, from what bad
been stated,. it inight happen that the Court had jurisdiction, he
requested to be furnished with the propositions of the parties
respecting the overseers, before Wednesday next, when his
Lordship would finally dispose of this case.

RULES AND PRACTICE OF THE COURT.
TOWNSItEND V. ASEEW.
This case produced a long and interesting discussion respect-
ing the rules and business of • the Court, which protracted the
cause till the end of the day. It was a petition praying that
a bill of costs in the above suit in the Vice• Chancellor's
Court might be returned to the Master's Office for review ; that
no costs for attendance should be allowed where it was not of
benefit to the parties; and praying also that his Lordship
would devise some rule for preventing the accumulation of
costs for attendance• in similar cases. The original suit was
an application fbr the appointment of a receiver of the. pro-
ceeds of an estate, of which Mr. Hurd (of the firm of Hurd
and Johnson, solicitors for the defendant) was a judgment-cre-
ditor as well as the plaintiff: The suit had lasted from Decem-
ber,_lB23, till March, 1325.

Mr. AGAR, in stating the petitioner's case, observed, that
there were 97 attendances charged and allowed. As Mr.
Heald, who was Counsel for the plaiptiff, received no fresh
brief, and as his fee was three guineas, he was in fact paid 9d.
per day, whilst the solicitor received his full allowance for at-
tendance, either by himself or his clerks.
The LORD CHANCELLOR—Does it-appear what sort of per-
sons these clerks were?

Mr. AGMs replied in the negative.
Mr. ,11 EALD observed that the solicitor (Mr. Tilliard) had
constantly attended in person. The Learned Gentleman, ad-
dressing Mr. Agar, said, " You have got hold of a very unlucky
.subject."

Mr. AGAR, in endeavouring to explain why the-suit had been
so long delayed, said that such occurrences often happened from
Counsel getting motions let in out of their place. Mr. Heald
frequently prevailed in this course.
The Loup CHANCELLOR—You are all alike.
Mr. AGAR-1 hoped to remedy this evil by suggesting a list,
of motions.

The Lokn CHANcELLoR—I am persuaded that there
never was a measure suggested and adopted with purer inten-
tions titan that list of motions, and I am equally convficed
that no measure was ever more mischievous. I have there-,
fore put an end to it. The best remedy for the evil seems to
the motion comes on, it should tie
be• this—that where a party chooses to employ but one coun-
o b
he
eli .;
Mi and
stood
iosi c wheenem
employed, and one only is present, he
ILtul.ced a list of about 40 motions, which he
whilst the Court was occupied in the
saidads e dismissed
in bßibse
tui absenthp:
e eri f
oa
pr(
a wver,
cause of " Beauvoir and Rhodes." •

The LORD CHANCELLOR explained, at some length, the
various considerations which made it imperative upon the
Couri to rive precedence to that cause. His Lordship then
repeated what he observed on a former day respecting the fa.-
cility which a list of motions afforded to clerks who knew
nothing of the matter, to look into the hall merely. and then
charge for attendance; and added, that he was glad this peti-
tioß had come on, as the matter mast :now be under some
regulation.
I%r. AGAR reiterated the proposal he forinerly, made—nainelY,
that whenever application was made for a, motion to be heard
out of order; if granted, the applicants should pay the expences
they occasioned the suitors delayed thereby.
The LORD CHANcti.Loß—That may.do for Mr. Beau-
voir, Mr. Rhode.,, and other wealthy men; but many injunc-
tions aregranted upon the prayer of poor men, to whom such
a regulation would operate as a denial of justice. •
when he was a barrister, no gentleman behind the bar
In reply to a remark of Mr. Agar, his Lordship observedi
that
could move till all the leading counsel had finished. That rule
was altered : yet every one had since complained.
Mr. AGAR remarked; that in former times, the fees given to
counsel were more considerable than at present.
The LORD CHANCELLOR could not say whether that RA3
or was not the fact ; he did not know. what the profits of coun-
sel were : but he knew that counsel now took fees with both
hands.

IVlr. AGAR referred to the practice of the Court of Chancery
in the time of Lord Loughborough.
The LORD CHAxcruxu (with emphasia.)—Tily Lcr

PRIC F, SENTENPENCiZ

. .
r Loughborough entered the Gourt at,half-psst 11, and was Avec;
seen in it rifler three o'clock.
Mr. AGAR then entered into a long detail, reSpectl4 t!?ehtri.
and the solicitors,' at the period when the VicetCb*rceripro
Court was estOlished. lie dwelt with great warmth iipon the.
Insult offered to the bar-by the association of solicitors:
ternineil to give no brief to those counsel who practised in WWI
Courts. The learned gentleman declared that the bar qugbt,
to be independent.:;" 1,•.• said he, with energy. " will be, so
a: long as I live, and.will OE be told by Rny one where •I
shall
practise."
The LORD CftANCELLOR—When the solicitors came to
me, I told them I would have nothing to do with the 'matter.
Mr. AGAR.—The association reported to me Conversati,n,3
and sentiments alleged to have been had with, and to have pro-
'ceeded from, your,Lordship.
The Loftn CHANcr.Lon thought the absence of counsel
Sometimes arose front the neglect of .solicitors, and that it would
.perhaps be desirable to recur to the old practice, which forbade
any-motion being heard unless the solicitor. (riot his clerk) at-
tended. The business was formerly managed by the 60-clerks.
in Court.

Mr. AGAR dwelt upon. the obeious hardship of the delay. of
14 months in this suit. •

The Lorin CIIANCF.LLOR.—That must be -the case in some
motions. I have occasionally dispo4ed of appeals and motions
at once, 'which my predecessors would never do. I believe that
much good has been done to. particular suitors bY -those short
disposals of cases ; this course teas pressed upon me by the very
persons who now coniplain.
Mr: AGA.It observed, that the time of this Court was now
almost absorbed by appeals and injunctions.. He referred to
the number of appeals from the Vice-Chaneellor'S Court, to
which his Lordship:had reversed, his Honour's decision.
'The Loan CuAticrr.r.on,-And a great. many have been
confirmed. Perhips it would have heen precisely the same had -
I been Vice-Chancellor, and the present Vice-Chancellor had
been Chancellor.

Mr. AGAR then proceeded to explain the reason why Counsel
:were unavoidably absent from this Court. TheY'were not always
aware of the state of business in it, and were.engaged in the ad.
joining Court.
The LOitEl CRANCELLOR.—There must he a great de-
mand for eloquence in the other • Courts; for sometimes when
six Counsel are on one side, not one of the six is present in this
Court.

Mr. AGAR ascribed this to the irregularities introduced through
taking motions out of caurse at the request of Counsel.
The LORD CHANCELLOR.-Fop are as great an offender
.this way as any one. I now wish to.say, good hurnouredlY,
Mr. Agar, that when you ask again for precedence with respect
to a motion on the ground of urgency, I shall assume that you -
make this request with full consideration of .what is your duty
towards all your other clients. This adnuinition which I give
you,' I wish to be understood as applicable to the whole bar ;
and when, Mr. Agar, I do not hold yon to it, then .blame me.— •
I am sure of this, that it' you are not the first among the breakers.
of the rules, you are in the very first rank.
Mr. AGAR thought his Learned Friends 'on each side of hint
(Messrs. Hart and Heald) were as great offenders as be : they
would probably be willing to acknowledge it.
Mr. lIART, upon this, rose and begged that his Learned '
Friend, Mr. Agar, would not endeavour to expoSe the rest of
the bar ;he might.expose himself as much as he pleased. • •
The conversation now closed for the present, after the Loan . •
'CHANCELLOR had repeated his admonittbri.- --
Mr. AuAn then proceeded to support the petition, and•was
followed by Mr. KNIGHT. -
Mr. HEALD appeared for Mr. Tilliard, the :solicitor,
hill was sought to be taxed, and who was made the stalkin
horse for the purpose of introdUcing the extraordinary prayer
of the petition. The object of Mr. Tilliard was to delenif his
character, not his raltry.billbf: costs. The Learned' CouLsel
considered the subject of the petition in two points of view—
as it regarded Mr. Tilliard, whose character was perfectly
ho-
nourable, and/as respected a new rule fOr the relief of suitors:
He observed that in this case he had felt it his duty. to express
some severe refieetionlupon the conduct of Mr. Hurd in de-.
fending such a suit as this. Though defeated every where;•lie
persevered; and delayed the payment of the money, occasionin,_.:.
every possible expence to Mr. Tilliard, whose sole anxiety„
displayed in even a nervous manner, was to end the :Alit ; and.
now he brought him and hiS bill before the Court. Mr.
then adverted in very strong terms to the behaviour of Messr,.
Hurd and-Johnson; -observing, that were he disposed to excl.- •
cisethat privilege whiCh helonged to Counsel properly, if pro.,
perly excercised, of animadverting upon the conduct of panic:,
he never knew a similar case which lay more open to the Iv!:
of this Court. The Learned Gentleman then considered tie'
subject in tbe other point of view ; in the course of which i:e ,
expressetthisastonishment at what had•Cllen from his Lordsini,
respecting Counsel taking fees with both hands. He knew not
the practice of Counsel in former days,' but such was not the:
conduct at present. •
The LORD CHANCELLOR.—Are you not putting a seceie..
and improper interpretation upon that expression ?
Mr. HEALD.-4 cannot be severe; it is not in My composi..* -
atm : as to the propriety of the interpretation, it is for your •-,'• -
Lordship to decide. I own 1 felt the remark strongly. '•
The LORD CHANCELLOR observed, that Mr. Heald had
not heard the whole of the conversation in which the rt•irme: •
was made. - •

Mr. H EALD then proceeded to vindicate the character el
the Chancery bar • in a tone of indignant eloquence he referred...
to the separation between the two bars, which produced a -cer-
tain feeling on the part of the common lawyers. But altliong, •
they (the Chancery barristers) did not write pamptifeis anti'
letters against, them, they would not be dictated to by bar
in the Courts of Law. As to any alteration of• the rules-os•
this Court, he conceived that the public interests were be:te.r .•
served under the preSent rules, than they could perhaps 1-)e.
under any other, though some inconveniences might occasion- -
ally be sustained thereby.
Mr. AGAR, in the course of his reply,
:observed that the,a:-
teration of the rate of costs had, he was informed, received his
Lordship's concurrence.
' The LORD CIIANCELLOR.—Mr. Agar, I authenize you to
say, that this statement is grossly false. So far from concur-
ring, those who made the alteration complained because I with-
held my assent.
Upon Mr. AGAR observing that he was not anxious to insist •
upon a solicitor's always attending himself, ' '
His Lordship said, that in the Master's office when delay
occurred, the Master was generally charged with it ; but lie
said, in. reply, titat he was often attended by persons from
whom it was utterly impossible to obtain , the least infer-
mation.
When Mr. AGAR urged that part of the petition which
pr:ayed an alteration of the rule,
Hts LonDsulP asked the Learned Gentleman if he c•ould
propose any alteration ?
Mr.,Act.p. shook his head. •
The LORD CHANCELLOR—I make this inquiry really with
a view of gaining information ; but -it appears that the hardship
of a rule can be' easily discovered, but the roost 'experienced-
Counsel cannot devise a remedy. ! •
Mr. AGAR reverted to the mischiefs resulting from prefer-
ence given to motions. It poor man's cause was quite as itn-
portant to him as that ()Tan opulent person. Re--remarked that
Lord Ormond's ease • had been carried through all
:the COurtso
and,decided in the Hpuse of Lords, in the short space of dike
months.

The LORD CHANCELLOR (with visible emotion)—ls not
.this an unfair comparison ? Is it fair that Lord Ormond's case, ..
which turned upon a short point, should thtis be contrasted with
a poor man's case? Give me an'initance wherein I have ever
preferred a rich man's to a poor.man's cause. Throughout the•
whole of to judicial life it has been my great anxiety to watch
over.the poor suitor's haterests ; and; God be thanked, I have
always done it,

After Mr. AG an had concluded his reply, ,h
is •
LORDSII Ir. after a few remarks on the case, stated,'that
•he would, see the lasei on • Friday morning, and obtain the
necessary information" &Vibe subject of the various items in
the bill of costs. As to te other prayer of the petition, his
Lordship did not think' eeleactly proper, as it did not fall
within his province'to do Merit Jthan• provide:for the,butiness
before the long vacation. A Cognxission was now sitting, and
if a regulation extended further, it would interfere, perhaps,
'with its functions. Ilis Lordshitiribeelnentioned the, names
of several past Chancellors, most of whom he knew intimatelt ; •
-they had not beeninattentive to improyerprAts in the'prctice of
the Court; but either from not thorouglilkunderitanding..the
subject (which might easilyhaPpen), or,thkungh-want:otlei-
-sure,they could derive no salutary regulation. s"Vhave,".said..
his Loidship, " seen suggestions:Ny:l,4h affe,iitieful;.,but '
laying down any. permanent rule,
..1,61.41 leave it lo,t hose who
know the subject better than the Chancelloi,' and-'shall think I
do enough if adopt a salutary rule for'the.present•conduct of
business."

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