The Sun.
London, England, 1851-12-20 00:00:00

CHANCERY REFORM.
TO THE EDITOR OF THE SUN.
Sia,-1 observe in some able articles on the sub-
ject of Chancery Reform, the position has been taken
up by the press, that there is no necessity for re-
taining the Court of Chancery as a separate jurisdic-
tion from the courts of common law ; and that, in
fact, the law of the country may be more beneficially
and cheaply administered by one tribunal.
Perhaps, however, it may not have struck you how
very little additional legislation is required to effect
this desirable object. Now that the Amendment of
Evidence Act has passed, by which plaintiffs and de-
fendants are themselves competent and compellable to
give evidence in an action at law, little more is wanted
to effect the desired result than an enactment that the
jurisdiction of the common law courts shall extend to
the recovery of any demand in respect of a legacy
under a will, a distributive share under an intestacy,
and of the balance of a partnership account. A simple
law to this effect would for all main practical pur-
poses relieve the people from the incubus of Chan-
cery, by enabling them to resort to a more speedy
and economical tribunal.
As a practical man, I am convinced there is no
sound reason why jurisdiction on these questions
should not be given to the courts of common law.
Where the amount in dispute is under 501. it has
been conferred on the county court, and been found
to work most beneficially ; and the common law
courts now equally possess all the powers and ma-
chinery requisite to enable them to deal with the
subjects referred to.
I have recently been consulted by two young
ladies in a case which illustrates the hardship
and absurdity of the present state of things,
They have had a legacy of 2001. each left to
them by the will of their grandmother, and
also half the residue of her personalty, per-
haps 3001. more, all to be paid to them on their
coming of age. The remaining half of the residue
happens to be bequeathed to their cousins, who are
now infants under 21. The solicitor to the trustees
has received, and now has in hand, most of the trust-
moneys. The two legatees, being of age, have applied
for their legacies, there is no dispute as to the suffi-
ciency of the assets, but the solicitor (wishing, it is
to be feared, either to delay payment, or that the
money shall be disbursed in Chancery costs), de-
clines to pay the legacies until the whole question
of the residue is wound up and settled by the Court.
I threatened proceedings, but in order to forestall these,
and to prevent any settlement at law, the solicitor has
filed a bill in Chancery for an account, at the suit of
the infants, though neither they nor their parents
were aware of the bill, or would have consented to
one being filed; there is however no help for it.
" The cause must go on, and yet when it comes before
the Court there will be no decision, but by the decree
the accounts will be referred, as a matter of course, to
be investigated by the Master; or, as Vice-Chancellor
Knight Bruce, in a recent case, expressed it, a decree
is obtained to destroy the estate in due course of
law. Before the Master the parties are not brought
face to face, or orally examined, but the investigation
is conducted by the system of written interrogatory
and affidavit. And the report, when after months,
or, as is commonly the case, years, it has dragged its
slow length through the Master's office, may be ex-
cepted to and overruled by the Court. Under such
circumstances the legatees must think themselves for-
tunate if they only lose their legacies, and the infants
are very likely to lose their residue.
How different would have been the case if the par-
ties had been able to bring the question before the
county or common law courts. The executors and par-
ties interested would have been summoned, them-
selves and their witnesses examined face to face, the
accounts gone into viva voce before the judge, admis-
sions made, vouchers and documents produced, and in
the course of a month or two, and at a comparatively
trifling expense, the legacies recovered, or at least the
whole case adjudicated upon with as much equity and
fairness as human means permit of.
The inherent defect of the Court of Chancery, and
from which the other courts are free, is that it is
based upon the Pontifical law and the system of
written procedure. What indeed can be more absurd
than the mode of proof in this court ? The depo-
sitions of the parties and examination of witnesses
are in writing, and in reply to written interro-
gatories—often; too, taken ex parte, and at their
own private residence, sometimes through the medium
of an examine., but never in open court, or before
the Master or Judge himself, who tries the cause. Is
this a mode of arriving at truth ? If there were an
intention of fraud or concealment, can anything more
be favourable to it than this private examination ?
Can anything be more conducive of delay ? A game
at chess played by correspondence is tedious, but it is
nothing to this law game playedin writing, where the
lawyers are paid by the folio. Indeed, I think it must
be obvious to any one whose mind is not utterly
clouded by prejudice, that the nature of the question
in dispute can never make it necessary, that a worse
mode of arriving at truth should be adopted in prefe-
rence to a better mode, in other words, that whether
the question be legal or equitable, it never can be
necessary, as to disputed facts, to pursue the system of
written interrogatory and examination through the
medium of third officers, in preference to oral evidence
given face to face before the judge himself.
To believe that the Court of Chancery has any
peculiar pow ers for the benefit of the subject is an
error. "It is quite a mistake (as Blackstone re-
marks) to suppose that it is the business of the court
of equity to abate the rigour of the common law—
both are equally bound by fixed rules and precedents ;
there is not a single rule of interpreting laws
whether equitably or strictly, that is not equally used
by the judges in
"At courts both of w and euity
the
."
And again,— little liberality on the part q
of
common law judges, by extending rather than nar-
rowing the remedial effects of the writ of trespass on
the case, might have effectually answered all the pur-
poses of the Court of Chancery, except that of obtain-
g a discovery by the oath of the defendant:'—
"Bstone's Corn.," vol. 3, p. 430.1-2 and p. 51.
As Lord Chancellor Cottenhamremarked,—" There
is no man who knows the manner in which justice
see
is
administered in the Court of Chancery, but must
that its power is totally inadequate to the prompt and
proper performance of the duties that devolve upon it,
and that parties only come to the court when dire ne-
cessity compels them." Indeed, of all absurdities, an ab-
surd mode of administering justice is one of the most
pernicious ; the delay serves no party, but injures alld
,
and the dissatisfaction and heartburning co
with it are probably more galling than the loss of
property itself. To the man who withholds another's
rights, the Court of Chancery operates rather as a
protection than a terror, and behind its shield of ob-
struction and delay he boldly defies the fair suitor. I
trust and believe, good that the remedy will
shortly be applied. The gsense of the public, aided
by your own able endeavours, and of the press, even
now demand a change ; and I am persuaded that the
remedy, to be effectual, must either be by abolishing
the present written mode of examination and proce-
dure in the Court of Chancery (and Lord Brougham's
proposed Bill for enabling these courts to refer ques-
tions of fact and account to the County Court Judges,
instead of the Masters, would be very efficacious in
this direction), or by conferring on these latter
courts full jurisdiction as to those fertile sources of
Chancery abuse, viz., questions of legacies, intestacies,
and partnership estates.
I am, Sir, your W.
CedienllAt,
LLINOR faithful servant,
.
A Member of the Council of the Association for
Chancery Reform.
Leek, December, 1851.

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SERIOUS LOSS OF LIFE BY FIRE.—On Thursday
night last, a working man named David Berry, who resided
in a cottage near King's-mill, Huddersfield, with his wife
and four children, retired to rest in the upper room or
chamber of his dwelling, but they had not been in bed many
hours before Berry was awoke by finding the lower room
filled with flames, which were rapidly making their way into
the chamber, then filled with smoke. He awoke his wife
and children, and did the best he could to secure their escape.
He succeeded in forcing his way through the flames, un-
fastening his cottage door, and speedily getting assistance.
Before, however, aid had arrived at the cottage, three of the
children, boys, aged eight, five, and two years, had been suf-
focated by the smoke, and the mother and the other child
had been so severely burnt that there is little chance of their
recovery.
was
far
a Thed poor man had been
out of work for the last three months, and to
in washing,
a sub-
sistence his wife has been in the habit of taking washing,
and the fire, it appears, arose from some clothes which had
been hung to dry at the front of the fire having by some
means got ignited.
A Cow IN A PASTRYCOOK'S. On Thursday
morning much alarm was created in the vicinity of Middle-
sex Hospital by the following mischievous career of a cow
belonging to Mr. Shaw, of Wells•street, who had sent a wan
with a horse and cart to his farm at Hendon to fetch up the
animal, which, being young and very lively, he gave direc-
tions should be brought by a halter to its neck and fastened
to the tail board. This was done, and the cow having be-
haved quietly throughout the journey, the rope was untied
on reaching the cow-shed door in Wells-street, when, finding
its head loose, it immediately scampered off the same way it
had come, butting at every one who attempted to step it.
having knocked down a boy and a man, who were thrown
some yards, it went along Mortimer-street at the same
speed, till coining to Great l'ortland-street, it turned sharply
therein. A lady and gentleman, who were on the pavement
a yard or two otl; sought shelter in the shop of Mr. James,
pastrycoole, No. 13. The animal bolted in after them, and
before they could make good their retreat, the counter-flap
being down, butted each so violently as to tear their dresses
to ribands, besides inflicting much personal injury. In;:iits
plunging it broke down the counter, destroying the pastry
and glass dishes, when it suddenly slipped down, falling on
its side. Some ropes where then thrown over its head, and
being fastened, tied to ono of the hind legs, in which posi-
tion, by the aid of several persons, it was dragged into the
street and taken to a shed.
THE HAT REFORM—This movement, commenced
in B. irmingham a few weeks ago, by G. Linnyeus Banks, and
which has extended itself to several other towns in the
neighbourhood, is progressing most rapidly and favourably,
6' Kossuth hats" may now be seen, not only in the hatters'
shops, but also at public meetings, and concerts, and even
in the open streets. The Ist day of January is the time fixed
for the public generally to adopt it.