The Sun.
London, England, 1840-05-12 00:00:00

IMPERIAL PARLIAMEN T.

HOUSE OF LORDS, MAr 11.

The LORD CIIANCELLOR took his seat on the Wool.
sack at Five o'Clock.

A Message from the House of Commons brought up
the Exchequer Bills (11,000,0001.) Bill.
The Earl of WINCHILSEA presented petitions
from places in Ely (as we understood) against the grant
to the College of Maynooth ; and several petitions from
places in Cornwall, in favour of Church Extension.

The Bishop of GLOUCESTER presented severe'
petitions from places in his diocese, in favour of
Church Extension.

Lo rd P 0 RTM A N presented petitions from
Dorsetshire, Sornersetshire, and the City of Bath,
praying for alteration in the Corn-laws. In pre-
senting another petition, which prayed for the
immediate and total repeal of the Corn-laws, his Lord-
ship said, that although he was not prepared to vote
for the immediate and total repeal of the existing Corn-
laws, he would feel it his duty, when the question came
before the House, as it shortly must come, to state his
reasons forithinking that their Lordships should take it
into their most serious consideration.

The Marquis of LONDONDERRY presented pe-
titions against the Irish Municipal Reform Bill, and the
Canada Clergy Reserves Bill.
The Earl of WARWICK presented petitions in
favour of Medical Reform, from the city of Warwick,
and against the increase of Assistant Commissioners of
Poor-laws, from several Boards of Guardians in the
counties of Warwick and Worcester.

The Bishop of EXETER presented a petition from
a parish in Leicester, praying the House to address
her Majesty, that she may not give her assent
to the Canada Clergy Reserves Bill. He might
be permitted to take that opportunity of cor-
recting an error which was said to have appeared
in a report of the proceedings of that House.
He understood it was given in one of the reports that
he had said there was no Church in Scotland, or words
to that effect. When he was first told of this, he treated
it with ridicule and contempt, as it was only not what he
did say, but the contrary of what he did say.
If he bad said so the Noble Earl opposite, who took
so constant, earnest, and laudable an interest in every
thing that concerned the Church of Scotland, would
have corrected him. What be said was that the
Scotch Church was a Church in Scotland only, accord-
ing to;the terms of the Act of Parliament.
The Earl of I-1 A DDINGTON said that he should
answer the appeal made to him by the Right Rev.
Prelate in the affirmative. He had heard the Right
Rev. Prelate in the debate alluded to. speak of the
Church of Scotland over and over again. The Right Rev.
Prelate, therefore, had never expressed the opinion
imputed to him, an,l he (the Earl of Haddington) was
glad that he had taken the opportunity of contradict-
ing that imputation, as it had created unpleasant feel-
ings elsewhere. What he had understood the Right
Rev. Prelate to say was, that the clergy in Scotland
were nut to be considered a Clergy in any other part
of the empire. He (the Earl of Haddington) felt
bound to make that acknowledgment, at the same tiinu
that he did not agree in opinion with the Right 11.,2,v.
Prelate.

The Bishop of EXETER said that his assertion
was very nearly that which the Noble Earl had stated
He had said that ho did not conaider that the clergy of
Scotland were to be looked on asa clergy out of Scotland.
The Marquis of LA NSDOWNE said that the
opinion expressed by the Right Rev. Prelate was that
the clergy of the Church of Scotland were not con-
6idered a clergy in any other part of the empire.
TITHE COMMUTATION BILL.

Lord D UNGA NNO N in moving the second reading
of the Tithe Commutation Bill, slid that the
ouje ' • cts of the Bill came entirely within the spirit
of the Act which had been late:y passed for the re-
covery cf tithes, and he therefore hoped that the second
reading would not meet wi h any opposition.
The Marquis of ‘VEST.TtIEATH said, though he
was not acquainted with the details of the Bill, he had
been informed that it contained a clause relating to
parties putting forward chims for arrears of tithes
which he could not approve of. He would not, how-
ever, oppose the second reading of the Bill.
Tne Bid was then read a second time.
The E trl of VERULAM presented several peti-
tions from Hereford, against any alteration in the Co. .n-
-laws.

Toe Earl of STRADBROKE presented eight peti-
cns from the Guardians of Poor-law Unions and others,
praying for a repeal of the Corn-laws.
FEUING OF ENTAILED ESTATES
(SCOTLAND).
The Earl of ROSEBERY said, as he understood
a Noble Friend of his had some very minute alterations
to make in this Bill, he wished to more that the Order
of the Day for going into Committee on this Bill to-
morrow be discharged, with a view to its being referred
to a Select Committee on Monday, the 19th inst.
The Earl of REDESDALE presented petitions
against the system of Rural Police.
The Earl of STANHOPE presented a petition from
the 'Fetal Abstinence Society of Cupar of Fife against
the opium war with China.
COURT OF CHANCERY (IRELAND.)
The Marquis of W ESTMEATH begged to ask
whether the vacancy of one of the Masters in the Irish
Court of Chancery, which had taken place on the 22d
March, was filled up, or when it would be filled ?
The Marquis of NORMANBY said the vacancy
would be filled up immediately.
The Marquis of WESTMEATH hoped the Noble
Marquis would be kind enough to tell him when ?
(A laugh.) Immediately was a very vague term, it
might mean to-morrow or that day month,
The Marquis of NORMANBY could not pledge
himself to any particular day.
The Marquis of WESTMEATH said on Thursday
he should bring the matter before the House.
The Marquis of NORMAN BY laid on the table the
papers moved for by the Noble Marquis (Westmeath)
relative to the Poor-law Commissioners in Ireland.
Some of them, which did not depend for production
upon the Poor-law. Commissioners, and which were con-
nected with the returning officers, had not yet been ob-
tained,
The Marquis of BUTE presented petitions against
any grant of money to the College of Maynooth.
The Church Building Act Amendment Bill was read
a third time and passed.
Viscount DUNCANNON presented papers with
respect to the Clergy Reserves.
Earl MOUNTCASHEL wished to put a question
to the Noble Viscount opposite. Sometime since a
sum of 250,0001. had been granted by the House of
Assembly of Upper Canada, for the purpose of
public buildings. He wished to know whether her
Majesty's Government had any objection to gua-
rantee the payment of the interest in London.
He expected he might be asked for precedents, and he
would instance that of the Greek Loan, which was no way
beneficial to this country, but guaranteed for the benefit
of a nation in no way connected with this. The sum of
250,000/. would not be of any great importance to
the mother country, but it would produce vast
benefit to the young colony. He hoped the Govern-
ment would take the subject into their consideration,
even if they were not prepared to say to-night, that they
would guarantee the loan.
Lord DUNCANNON assured the Noble Earl that her
Majesty's Government was fully aware of the importance
of encouraging emigration to the colonies in question. But
he could not say that there was the least intention on the
part of her Majesty's Government to guarantee the loan.
Lord ELLENBOROUGH said it might not be the
intention of the Government to guarantee the payment of
the loan. At the same time, he thought:there was no mat-
ter of more importance for their consideration than the
making of a perfect communication between the Upper
sad Lower Provinces, and between the Upper Province
and the sea. That had been the opinion of Lord Durham
and of every person who was acquainted with the interests
of the colonies.
Lord DUNCANNON said he had only given a simple
answer to a simple question, and had not expressed any
opinion on other matters.
Lord ELL ENBOROUG II said he had made the obser-
vation which had fallen from him, lest it might,be supposed
from the Noble Lord's answer that the Government was
not favourable to emigration.
The Duke of BEAUFORT presented a petition against
the war with China.
The Duke of BUCCLEUCH presented several peti-
tions relating to the patronage question in Scotland.
ADMINISTRATION OF JUSTICE.
The LORD CHANCELLOR presentedla petition from
certain solicitors in favour of the Bill for the better Ad-
ministration of Justice. The Noble and Learned Lord
then said that in calling their Lordships' attention to
the Bill, he should observe that the time which
had elapsed since he had first laid it on the table
of the House was greater than he had originally intended.
The delay, however, had arisen from circumstances over
which lie had no control, and he had no reason to regret
that delay, because it had given an opportunity to those
who felt interested in the matter to consider the subject,
and it had thus been very generally discussed among the
profession at large. The measure had almost unanimously
met with the concurrence of the profession, whose senti-
ments could not have been so well ascertained if a 1•
shorter time had elapsed since it had been submitted to
the House. The general opinion of the profession had
been expessed in the petition he had just read, and that
opinion was, that the powers of the Court of Chancery,
as at present constituted, were totally inadequate to the
performance of the important duties with which that
Court was charged. That bad been so often stated to their
Lordships, and so generally assented to, that it might now
teem lir:necessary to refer to arty proof of the
accuracy of the Etateinnit. If he required such proof,
he need only icier to the number of Bills which had
Leen brought into their Lordships' House, for the purpose
of remedying the evil in question. Bills hail been intro-
-o.uced on the subject in the years 18f9, 1830, 1832, 1833,
1834, and lastly, a Bill had been introduced by himself in
the year 1836. All that showed, at least, the concurrent
opiliion of those Noble and Learned Lords who, during the
periiid referred to, had presided in the Court of Chancery,
that it was essential to the due administration of justice
that some measure,.. should be pas ed into a law which
should give the Court of Chancery great:r powers than it I
now possessed. Undoubtedly, in his view of the case,
and of all the matters which were neeetarily connected

In 1764, amounted to B3 causes.
1794 lO6
1804
1813 ll6
1824 ll5
1834
1839
So that ,whiist the business of the Court of Chancery
had been more than trebled in the same period, there had
been no increase in the Equity Exchequer; in fact, the
number of causes last year was less tha❑ in any preceding
year since 1794. There must be some reason why the
business was so much increased in the Court of Chancery,

and was stationary in the Exchequer. It was not the
fault of his Noble Friend who presided in that Court,
that:people did not go to the Exchequer.: it was because the

Court was not such as the business required. To have
the Court a tribunal of law and of equity was not in ao-

cordance with the principle of the division of labour,
which prevailed in the other Courts and in the several
branches of the legal profession. Eighty years ago a
lawyer used to practice in every Court, as was the case at
this day in It eland. But no doubt the division of labour
would, in the course of time, be adopted in the Irish
Courts, and the science would be improved. It wasp
great inconvenience to a solicitor, who had a large busi-
ness in the Court of Chancery, to be required to
undertake business in another Court ; and therefore soli-
citors do not like to go into the Court of Exchequer,
though their profits arc greater there, and the suits are
more expeditiously decided. On this point the Noble and
Learned Lord spoke from his experience ; and what ap-
plied to the solicitor applied equally to the barrister; and
no Equity barrister who could avoid it would go into the
Exchequer Court. He did not think, on the whole, that
any one would say that the Court of Exchequer ought to
remain as it is. But if it had not gained in public favour
as a Court of Equity, it had been fully compensated by its
rise as a Court of Law. It bad risen of late to a degree
of activity never known before, and it did now more duty
in cases between individuals than any other Court. It
was, therefore, a most thriving Court of Common Law,
although a mast unsuccessful one as a Court of Equity.
It had been ~_ suggested to appoint another Judge in
Equity in that Court. But what purpose would that
serve, when there was not now enough to employ half a
Judge ? In the Court of Chancery there were about 1,200
causes a-year—in'the Exchequer, little more than 100.
The appeals in the Court of Chancery were chiefly made
to enable parties to rectify their own omissions, and not
from a dissatisfaction with the decisions of the other
Judges. In the Exchequer, the appeal was to
the House of Lords, of which the expense was
enormous, compared to the original costs of the cause.
It had been suggested that all that might be corrected if an
appeal was given from the decision of the individual Judge
io the Exchequer to Cie Lard Chancellor. Such a pro.
position he considered to be extremely extravagant. But
tLat CVNI was not all. By the present practice of the
Court of Exchequer it was necessary that a vast number of
officers should be employed to perform the duties in one
cause, and that made the expense exceedingly great as
compared with the Court of Chancery. Now, taking the
number of caw.es in Chancery, and dividing them
among the different Masters, it would be seen that there
was one Master to 120 causce, 1111 e in the Court of Ex-
chequer there was one Master to .53 causes. Now the ob-
ject of the present Bill was to abolish the equity jurisdic-
tion of the Exchequer altogether, and bring- it into tl e
Court of Chancery, which he must be allowed to say, with-

THE SUN, LONDON, TUESDAY, MAY 12, 1840.

with it, the increase of the powers of the Court of Chan- 1
cery formed but a part of what he considered essential to
the better administration of justice in the country. In the
year 1836, he had submitted to their Lordships a measure
much more comprehensive in its provisions than that to
which he was directing their attention, but their Lordships
had thought that measure too extensive, and had refused
to give. it their sanction. That refusal, he apprehended,
was founded on the grounds that the introduction of the
Bill had been attempted at a time when it was thought ad-
visable to collect those feelings, of which a doubt might be
entertained, before the attempt was made. The measure
involved questions of great difficulty, and their Lordships
might naturally have had doubts of its expediency. With
regard to the Bill to which he was then about to call their
Lordships' attention, he had the satisfaction of thinking
that it would not in the slightest degree interfere with any
measure of a more extensive nature, and that its introduction
was quite consistent with the office which he had the
honour to hold. In asking their Lordships to assent to
the principle of the Bill, h was not asking for anything
which could relieve the labours with which he himself was
charged, or any one who might succeed him hereafter.
On the contrary, it would probably add materially to the
duties of the Court of Chancery. He confessed, he felt
no great personal interest in the question, because he had
this protection against having any additional duties to per-
form, or labour to undergo ; that it was fully impossible to
add to the duties with which he was at present charged.—
(A laugh.) Unless their Lordships could add to the
twenty-tour hours, they could not impose any further
labours on him which it would be in his power to
perform ; and no man even at present could fully discharge
the obligations which the holding of the Great Seal im-
posed. He would, therefore, in introducing the Bill, put
the convenience of an individual in that office out of the
question, as the measure could possibly afford no relief to
him. Of course, therefore, he bad no personal interest in
the present question, but he considered it his duty
vigilantly to watch over the proceedings connected with
the administration of justice, and especially as far as they
related to the present subject. When he had satisfied
himself that justice could not be fairly administered in the
present state of the Court of Chancery, and when he saw
justice denied to suitors on that account, he felt it was his
duty to submit to their Lordships such a measure as might
appear to him best calculated to remove acknowledged
evils. The business of the Court of Chancery was at pre-
sent greater than it would be possible for three men to
discharge, and that proposition had been so universally ad-
mitted that he should not occupy much of their Lordships'
time by demonstrating it by figures, which would show the
increase that had taken place in the business of the Court.
Those who knew nothirbee of the matter might tell them of
the quantity of business done by Lord Hardwicke, and the
manner in which that distinguished individual had per-
formed the duties of his office. No one had a higher
respect than he (the Lord Chancellor) had for the manner
in which that learned personage had discharged
his duties, and he had lately had an opportu-
nity of having access to the papers of Lord
Hardwicke, and of seeing the volumes of judgments
which he delivered, and it was manifest that he had left
nothing undone which labour could effect. The great
talents of that Judge, and the manner in which the laws
of equity had improved under his care, had not yet been
forgotten ; but when he (the Lord Chancellor) looked
back at the business which Lord Hardwicke had to per-
form, and when he compared it with that which devolved
on a Lord Chancellor of the present day, he was only sur-
prised that he had not had more leisure than appeared to
be the case. The business done in the Court of Chancery
in Lord Elardivicke's time could not be so accurately
ascertained as that which had been gone through since,
and he could not, consequently, submit to the House any
returns relating to the Court of Chancery in Lord Hard-
wicke's time. He would therefore. begin
.by referring to
the business done in the Court of Chancery in the 3 ear
1759, immediately after Lord Hardwicke's retirement.
The average of cases set down for the five years ending in
1764 was 383. The average of the five years end-
ing in 1754 was 461. The average of the five
years ending in 1804 was 501. The average of the
five years ending in 1812, immediately before the estab-
lishment of a Vice-Chancellor, was 562. Ia the five years
ending in 1824, after a Vice-Chancellor was appointed,
the number of cases rose to 959. Tho average of cases for
the five years ending in 1839, was 1,248. These returns
showed that the number of cases at the last mentioned
period, was three times greater than it was when Lord
Hardwicke resigned the great seal, and more than twice as
great as it was iii 1812, when a Vice- Chancellor had been
appointed. That showed that they were not to look to
the quantity of business now done in the Court of Chan-
cery, but to chat it would be if the
.Court was fully open
to suitors. It was clear that if there was a Court in which
a party could expect speedy justice, the number of cases
would greatly increase. There was scarcely a cause
which had not to work its way up to a bearing twice, each
time that required a period of three years, so that there
was a total loss of six years which could not be helped ;
that was a great grievance which he trusted their Lord-
ships would remedy. In 1802, the Suitors Fund, under
the control of the Court of Chancery, was 19,908,4411., it
now amounted to 41,546,000/. It had more than
doubled during that period. Those sums included
the money belonging to infants, lunatics, and others.
but it was all under the administration of the Coal t of
Chancery, and was an enormous sum to be locked up
for such periods as causes remained in that Court. The
increase of the business in the Lord Chancellor's Court
was great in consequence of appeals from the other two
Judges of the Court. In 1704 there were only ton re-
peals ; they had gradually risen, and the average during
the last ten years had bcca no less than fifty-two.
Again, much business had been thrown upon the Court
by the general establishment of railroads throughout the
country; they had been frequent applicants and were not
likely to be less so. He had thought it his duty, to the
utmost of his strength, to get over the arrear of business ;
and to adopt every means by which justice could be fairly
and speedily administered to the suitors. He had devoted
more time than any of his predecessors for the last 25 years
to the bearing of causes and appeals. It had been his
habit, having got over the appeals in one department, to
apply himself to another; and when the House was not
sitting, he had been able to get over some original causes.
But nothing that had been done had diminished the ar-
rears ; and he was satisfied that nothing, but a great in•
crease of strength would get rid of the grievance. That
being his object, and such the difficulties with which it was
surrounded, he had next to consider in what way it could
be carried into effect. He had avoided, as far as possible
to avoid, touching on the facts out of 1% hich the grievance
had arisen. Part of them were connected with the
Court of Chancery itself, part with the Court of Ex-
chequer, and part with the Court of Privy Council. The
Court of Exchequer had a twofold jurisdiction—in law and
in equity. A change was introduced into the constitution
of the Court some years ago, by which the Crown was
empowered to appoint another Judge, to take the place of
the Chief Baron, when lie was engaged out of his Court ;
and since that, another Act was passed to euable one of
the Puisne Judges to preside in the place of the Chief
Baron, as a judge in equity. Now there were several
inducements and temptations to suitors and solicitors to
go into that Court, instead of into a Court of Chan-
cery. The solicitors had a temptation in the fact,
that their profits were ten per cent, greater in that
Court, than in the Court of Chancery. He (the
Lord Chancellor) had caused a bill of costs in
his Court to be compared with one in the Court of
Exchequer, and he found that such was the fact. In the
Court of Exchequer the folio was charged as seventy-two
words—whereas, in the Court of Chancery, ninety words
were allowed to a folio. The suitor had an advantage in
the Court of Exchequer, that he could have his cause
heard in that Court as soon as ready ; whereas it might
not come on for hearing in Chancery within six years.
Notwithstanding those inducements to go to tire Court,
what was the state of the case? The business of the
Court—.

out any detriment to the Court of Exchequer, was far
better enabled to decide cases in equity than that Court.
The adoption of this would afford the means of abolishing
a great number of officers in the Court of Exchequer,
which, under its present constitution, were necessary to
carry on the small business that was disposed of there.
His object, therefore, was to transfer the Equity business of
the Exchequer to the Court of Chancery, and together with
it all those officers which were necessary. That would bring
the exercise of Equity within one Court, which would be
extremely desirable. There was another subject of ex-
treme importance to call to their Lordships' attention. The
House, no doubt, was aware of the important duties per-
formed by the Judicial Committee of the Privy Council.
Of late years considerable additions had been made to those
duties. The duties that had usually been performed by
the Court of Delegates was thrown upon that Committee.
The Lord Chancellor, and the Chief Justice of the Queen's
Bench, were obliged to attend it, and when they did so
they must of necessity neglect their own Courts. Now,
to obviate that, it had been suggested that all the Judges
should have power to attend. That he thought was a pro-
position which could not be acceded to. Then, again, it
was matter of complaint that there was no head to the Ju-
dicial Committee ; that had been felt in the year 1834, and
a Bill had been brought in for the purpose of obviating it,
but that had not been followed out. He believed that
there was noshing more essential than in an establish.
mont of that sort some one should be placed is
that position, and in order to remedy that defect,
he thought the proper course was to put at the head of the
Court the high judicial officer who for fifty years, with but a
short interval, had presided in that Court before the Judicial
Committee was established. The Master of the Rolls was
the officer whom he would propose should take the duties
of presiding in the Privy Council. He was the highest
judicial officer who could find time to attend to that
Court." He made this proposition with some feelings of re-
gret, because it would be impossible to impose this
labour without depriving the Court of Chancery of the ta-
lents of that Noble Judge. But it was a d.fficulty that
was necessary to encounter, and it was more easy to supply
the loss of the Master of the Rolls than any other judi-
cial officer. If their Lordships sanctioned the appoint-
ment of more Judges in the Court of Chancery, there
would be no difficulty in so distributing the business of the
Court as not to feel the loss of that Judge. His propo-
sition, therefore, was that the Master of the Rolls should
be the Vice-President of the Judicial Committee, that he
should attend the sitting of that Court, and that power
should be given, if necessary, to appoint some other
person during his absence. He had now explained to their
Lordships his views with regard to the Court of Ex-
chequer and the Privy Council, and looking to the addi-
tional business that would be thrown upon the Court of
Chancery in consequence of the abolition of Equity Ex-
chequer, he thought it would require two new Judges in
Chancery adequately to carry on the business of that
Court. Such was the outline of the plan he submitted to
their Lordships, and in proposing it he wished to guard
him:elf against the supposition that he thought it was all
that ought to be done. He believed it was all that ought
to be done at the present moment. There wanted great
alterations in the interior of the Court of Chancery, but
that was a matter for future consideration. At present all
that he asked of their Lordships was to afford those faci-
lities of justice in Chancery which he thought he had
shown were greatly required. Although this proposal
made a large addition to the number of offices in the Court
of Chancery, yet the funds of that Court were so' ample
as to enable it to be accomplished without any burthen on
the public._( Hear, hear.) The Noble Lord concluded
by moving the second reading of the Bill.
Lord Is YND II UR ST most cordially seconded the mo-
tion of his Noble and Learned Friend on the woolsack.
The question of the Court of Chancery had been so fre-
quently under discussion in their Lordships' House, and the
general nature of the facts was so well understood that it
' would be quite unnecessary for him to occupy much of their
Lordships' time, particularly after he had stated that it was
his intention to vote for the second reading of the Bill.
It operated with a sort of compound force. It is not the
same in Equity as in Common-law Courts ; in the latter
a case is argued, and judgment being given, the case was
at an end ; but in Courts of Equity a cause was brought
again and again before the Court, and on each occasion
delays intervened, and the evil was increased in an
accumulated degree. He had always found that this was
a most intolerable grievance; it was a disgrace to the
country; it was an evil which those unconnected with the
Court of Chancery were unaware of the misery which it
caused ; it would be a disgrace to the Parliament if it did
not provide a remedy for so gross a grievance. It was
with pride that he had done everything in his power to
remedy the evil ; on several occasions he had brought in
Ellis similar to that introduced by his Noble and Learned
Friend ; in the result they had been unsuccessful. A
Commission had been appointed for the purpose of in-
quiring into the evils of Chancery practice ; they re-
ported ; and he, while he filled the high station now
so worthily filled by his Honourable and Learned
Friend, in conjunction with the late Master of the
Rolle and the Vice Chancellor, made some rules
and regulations in order to carry that report into effect.
That, however, was merely one step to remedy the griev-
ance. Yet those Bills, although they had passed through
that House without opposition, were received in another
House with clamour, and something like party feeling,
and the result was that the Bills were lost. From that
time until the present ho had not altered his opinions.
On the contrary, every discussion which had taken place
since had confirmed him; it was perfectly impossible for
the present Judges to get through the business of the
Court. In the language of the present Vice-Chancellor,
in his evidence before a Committee of the House of Com-
mons, upon being asked whether three Judges could un-
dertake the business, he said No, that three angels were not
competent to do the work. That, then, was an admitted
fact, and the remedy was simple; if three Judges were
not competent to keep down the arrears of business, then
appoint another, and if four were not enough, then let a
fifth one be appointed. With these sentiments he would
desert his duty to the suitors of the Court of Chancery,
to their Lordships, and the public, if he did
not give the second reading of the Bill his warmest sup-
port.—( Hear, hear.) He knew that it was said that the
number of appeals would be greatly increased; he did not
admit the argument ; but even if it were so, still he
thought the Bill ought to pass, because not one in fifty
judgments ever became the subject of appeal. And ho
would ask whether it was not something to get quit of the
forty-nine? There was in reality no arrear of appeals, and
whenever the original cause-list was worked down, his
Noble and Learned Friend would have no difficulty in
coping with the appeal-list. Others, again, would not
support such a subordinate measure. They said that the
whole subject ought to be brought under the notice and
consideration of Parliament ; but this was idle, for no
two individuals were agreed as to the reforms necessary, or
the manner in which the appellant jurisdiction of that
House ought to be established. Here was a great practical
evil—here, also, was a practical remedy to apply to
that evil—and, according to the principles of common
justice, their Lordships could not refuse their assent to the
second reading of the Bill. Of course, when the Bill
went into Committee it would be their Lordships' duty Lo
consider its details, and foethat consideration, they had for
their guidance a very remarkable fact. His Noble and
Learned Friend, Lord Brougham, by almost incredible
exertions, wiped off the extreme arrear of appeals. For
that one act ho was highly deserving of their Lordships'
thanks and those of the country. By his immense exertions
the arrears had been got under, and they had never been
suffered again to get ahead. If one intelligent, able, and in-
dustrious man were appointed, he could wipe the whole of
the arrears off in a year and a half ; where then was the
necessity for the appointment of two new :Judges ? He
knew that it was said by many, that if they opened up the
Court and gave facilities to the immediate hearing of
causes, they would become more numerous. That
however, was mere speculation. Why not wait
till the inconvenience was found out before
making an unnecessary addition to the number of Judges?
There was no arrear of business in the Rolls' Court. His
Noble and Learned Friend who presided in that Court
was a man of industry and talent. Why then did not the
suitors prefer that Court, where speedy judgment might be
obtained? It was the same in the Exchequer; there was
no arrear of causes there. Suitors might have their cases
heard, and the decision might be had in a few days. Yet
there was no great influx of business into those Courts.
It was a mere speculation, and one which he did not think
well founded. Then with respect to the Exchequer. It
was proposed to abolish altogether the equity jurisdiction
of the Exchequer. That was a subject of very great ime
portance, and was not to be hastily done. He remembered
that when he filled the office of Lord Chancellor—when he
was young in the practice of equity—he proposed a measure
having the same object in view—but that Bill was warmly and
fervently opposed by Lord Eldon, by Lord Redesdale, and
even by the Chief Justice of the King's Bench, and the
weight and talent of that opposition obliged him to withdraw
the measure. That part of the Bill, however,
in was not an
essential part. It was almost inconsistent with the re-
maining provisions of the Bill. Could they any measure
facilitate the business of the Court of Chancery, by abolish-
ing the equity jurisdiction of the Exchequer? He had
heard it argued that the equitable jurisdiction incumbered
the common law jurisdiction of that Court. There was
a very simple answer to that argument. It was a singular
fact, that more common law causes were entered in that
Court than in either of the other two; both of them had a
large arrear of business, while in the Exchequer they had
no arrear at all. the Committee he would submit to
their Lordships whether it was expedient to abolish that
Court. Some people said that the Court of Chancery
was altogether a grievance. Some even went the length
of calling it a nuisance, because of the great arrears of
business. In the Exchequer there was no such grievance,
causes were heard and determined within a very short period,
yet they were attempting to remedy the evil in the one case
by abolishing that Court in which there was no arrear of
business. He considered that they would be doing an in-
justice to the suitors in the Exchequer; they had gone
into that Court for the purpose of obtaining a prompt de-
cision of their cause. Why were they, then, to be handed
over to the Court of Chancery, which had already too
much business ? The appeal, again, from that Court
was much more likely to be satisfactory, as the de-
cision would be given by a Judge different from
he who had first heard the cause, which was
not the case in appeals from the Court of Chancery.
The Equity jurisdiction of the Court of Exchequer in this
country was similar to that of the Court of Exchequer in
Ireland. In Ireland the Court of Exchequer was for
many years the favourite Equity Court in that country,
\\hy should not the same take place in this country if the
evils were remedied to which his Noble and Learned
Friend 114 d alluded? He was now pronouncing no posi-
tive opinion upon this subject, but merely offering these
observations for consideration in Committee, which would
be the proper time for saying whether or no they were cor-
rect. He had thought it his duty to make them, but
should go into Committee with an unbiassed mind as to
whether or not that should form part of this Bill on its
third reading. As to- the third portion of the B:11, the
amendment nith respect to the judicature of the p, iv
Council, lie entirely agreed with :what had been stated by
his Noble rand Learned Friend as to the pro-
priety of there being a permanent ,as
of that
tribunal. lie ( Lord Lyndhurst) had recommend.
ed it over and over again, but thin there were