The Sun.
London, England, 1851-07-04 00:00:00

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na:utv.,:,eateia amount of The app 'l tvo court in
ihe Court of Ga4ncery was pro reed by suitors in nine
cases out of ten to the Ifou.e of Lords in cors, quance
of its greater cheapness, so that if his Hon. and Learned
Friend wo'sld leave that apfellate court undisturbed it
would still continue to be overwhelmed with busivass.
There could be no doubt but if that Bill were adopted
the number of appeals to the House of Lords would be
considerably diminished, because suitors would more
readily appal to the Court of Chancery, when there
would be either two or three judges in tkat court, than
th,y would appeal to it as at present consiiturred with
oeiy one judge. It was hovd, however, that the two
new judges would not only be able to deal with the ap-
pals in the Court of Charce:y, but that they would
also be able to atferd very valuable service by presiding
in the 1:4,pollato court (~f the Privy Council. With re-
spect to the suggestion of his Hon. and Learned Friend
that the number of registrars should be increased, he
had to observe that there could be no objection to the
adoption of that proposal, if the nressot number of
those officers should be found insufficient.
Mr. FRESHFIELI) said, he thought it most impor-
tant that a sufficient number of registrars should be
provided under the new system; and he felt that no
motives of petty economy ought to stand in the way of
such an arrangement.
Lord JOLLA itLS,SELL intimated that he was ditms
posed to give the west favourable consideration to tie
proposal fa. an inc•rease in the numb. r of registrars.
Sir DE LACY EVANS said he wished to call ibe
attention of the House to a flagrant instance of the
abuses arming out of the present cumbersome and pro-
tracted system of conducting business in the Court of
Chancery. A lady of the name of Howard had, some
six or seven years ago, applied a sum of 45,00 N. to the
purpose of making a proviion for tweril wivas or or-
phans of officers. But an attorney had thought proper
to dispute the validity of the endownment in the name
of a person posseised of no property; and in consequence
of the delays in the Court of Chancery no decision had
yet been come to in the matter, while the funds of the
charity were b sing consumed, and while no portion of
them had ever reached the parties for whose benefit
they had been intended. The lady by whom the en-
doNoaeut had been made had written a letter to the
Lord Chancelkur complaining of the great hardship of
the case, but to that, letter she had never received any
answer.

Mr. J. STUART said he would remind the Gallant
Officer opposites that no such suit as that which he had stated
coal ever beetle been instituted, without the sanction of
the Attorney-Generel, so that if it was one that ought
never to have been allowed to have commenced, it was
the Attorney-General and not the Lord Chancellor who
was blataeable in the matter, Ile would further inform
the Hon. and Gallant Officer that if the suit was mani-
featly a vexatious and improper ore, it was the party by
whom it had beet' brought, and not the funds of the
charity, ;hat 'would have to be ar the expenses of it.
Mr. MAC KIN NON said that as he was one of the
trustees ire to at case he hoped he might be allowed to say
a tew words with respect to it. He did not blame the
Attorney-Gemeral or the Lord Chancellor for the course
which the matter had taken; but he attributed the clams
to our absurd Coaricery system, which enabled any per-
son who mi gilt please to come before the court and
file a Bill, upon which no fired decision might be given
for many ye lets. In :he present case au attereey had
thought pro per to dispute the validity of the endowment
in the neme of a pauper who had not the slightest in-
terest in thee metter, anel it seemed that it was a
cowmen peoroice Kith certain atiortiet et to hunt about
the country; fir eases against charities, which cases
eere got up, in the usme of persons possess, d of no pro-
perty whetover. The art, ueys calculated on receiving
their costs oat of the fends, and he wee informed that
she ahem:, y in the present case re sliced in that Kay as
touch as 800/. a year. But while the suit was going on
matey w too ladies for whom the endowment had been
intend, d were reduced to great distress, and had made in
vdiu frequent and earnest applieettens to the trustees of
the charity. He left the House to decide whether any
system wont monstrous than that could ever enter the
ituagivatiou of men.—(Hear.)
The AT TORNEY-GENERAL acid that he bad
nothing to &newer for with nape et to that traesaction,
because the suit hed been institute d long before his are-
cestion to retie office which he bed the honour to hold..
He knew nothing of the facts of that case, and he could
therefore say nothing about them. But he should ober
serve that great abuses had been removed in tLe
administration of charities through the instrumentaliew
of private individuals, who bad come forward to expose
those abuses. Ho should also, however, admit that in-
dividuals laud done great mischief by instituting unne-
cessary enits, with a hope that they would get their
costs out of the funds of charitable foundations. He
had always, during the period he bad held his present
office, endeavoured to check that evil by eetercisieg his
discretion for the prevention of any suits which he might
thick, on inquiry, ought not to be instituted. In the
present instance hee should say that the Lord Chancellor
bad acted very properly in not answering a private letter
with respect to a case which was under his considera-
tion in his judicial capacity; but if, instead of addressing
the Lord Chancellor, the lady in question had memo-
rialiaed him (the Attorney-General), he should have
taken the liberty of stopping the suit immediately, if he
should have found that it was an oppressive and un-
reasonable one.
Mr. E. ELLICE said 'he wished to take that opportu-
nity of expressing a hope that his Right Hon. Friend
the Member for Ripon (Sir J. Graham), and the Hon.
Member for Oxfordshire (Mr. Ileuley), would take their
that° in the deliberations of the commission for in-
quiring into the state of the Court of Chancery, for he
believed the public had more confidence in his Right
Hon. Friend and ill the Hon. Gentleman than in all the
other members of the Commission.
Sir G. STRICKLAND said that the great grievance
of which they complained was the excessive delay, the
excessive expense, and the total denial of justice in cases
which would never come to an appeal. No person but
madman would go into the Court of Chancery for 4-001.
or 5001., for he would be sure to lose every shilling of
his property, and be an inmate of the workhouse for the
remainder af his life.
Sir J. GRAHAM said the Noble Lord at the head of
the Government hail done him the honour of recom-
mending that he should be added to the Commisrtion.
Although his attenelanee could not be constant, and his
legal knowledge was roost inadequate to grapple with
such-a subject, nevertheless, it the Noble Lord the eight
that he could render any service to the cause, he was
willing to place his cervices at his disposer!.—(Blear,
hear.) He must say he believed that this Bill was a 'vary
, great improvement upon the firmer one. At the &rime
dine hi. impression was strong that they were begins deg
their ameedinents at the top instead of at the bontora•
they beet glanced :he other day at the way business was
conducted in the Masters'
effiee. No person here was :re-
wired to deft net that system. They did not, however,
elance at the Exeminers' ()flee. He did not believe
that there was any civilised country in which these
eleuees would have been I),l`teltt.d to exist fur so long a
period. Atte r their experience of teretty years be
thought that the prediction uttered by Sir S. Romilty in
respect to the, appeineeneeet ef Vice-Cnaueeelors still held
pod. That eminent individual said that the appoint-
reent of subordinate atentants to the Lerd Chancellor
would oe attended with fatal consequences, that the cha-
rawer ref the office would be degraded, and sever again
vould Eegieried see such names as Soteeem, Camden,
and
Elerdwitet holding :he Great Seth Ha (Sir J. Graham)
enlieved that the office of Lord Chaecelier would hence-
torth be primarily political, and secondarily judicial;
whereas is should ha vice versa.—(Hear, hear.) He
thought that there was infinite danger of such a conse-
quence from their present legieletion. He wets, how-
ever, quite aware of the mane difficulties that stood in
the way of any sliee:uel amendment in the law. Tho
office was overloaded already with business from circum-
stances which actually created a large arrear; but he was
of opinion there could still be found a Man preeminent
in his profession, enjoying health arid strength for a
vigorous discharge of the duties--still competent to
perform all the duties connected with the office of
Lord Chancellor.—(Hear, hear.) Such sin eminent
ninodtivbiudtual
think thathedbee anbound in recent times, and he could
greater mid rtune could not fall
opon'the country than fur the Government to be placed
in a situation of being unable t procure the ablest legal
rasstittanee,but were compelled to place men of second-
a„ ability in the office of Lord Chancellor.—(Hear,
hear.) He was aware of the great difficulty of passing
ma efficient measure for a reform of the present system,
and avoiding the danger to which he had just re-
erese:t He could not say that he was opposed to the
present Bill, but he thought it his duty to state frankly
to th
e Committee the apprehension which he entertained
respecting
it. He believed that these appellate tribunals
trtle:d
would be found efficient, and would exercise their tune-
hoes to the satisfaction of the public. They would be
particularly important in respect to their colonies. The
arrear would soon be reduced by them, and their effect
would be to diminish the number of appeals. When
this arrear was reduced then he thought there would
not be sufficient work for these tribunals as well as the
Lord Chancellor, and then the danger was inevitable of
reducing the standard of the men who were really
competent to fill the office of Lord Chancellor. They
knew that by reducing the standard of such men,
the of of men to raise themselves to that would
be considerably diminished. Now, it would be a
great calamity if the Bill unintentionally produced that
effect. He was not disposed to offer any objections to
the further progress of this Bill; but entertaining
doubts as to its results, he thought it his duty frankly
to e xpress them. Ho would give every assistance in
hie power to further the reform of the Court of Chan-
cery, and as he had before observed, his services were at
(he dispesal of the Noble Lord. Nothing, however,
would induce him to serve on the Commission if be
had not the most unbounded confidence in the other
members of it, who were gentlemen of the greatest
!naming, reputation, and the highest rank—gained by
fair mei hot,ourable competition in their professions.
He weenie d it a high honour to be asked to serve upon
a cominision mposed of such men.— (Hear.)
Mr. AGLION by thought there was a great improve-
ment of late y ears le the moue: in which the business was
du.poYed of in the Mester's cffices. He hoped the pre-
sent measure would prove effectual for its object.
Mr. HENLEY euiecurred in the t bserratirens that
had fillets Ire m the Right Hon. Baronet the Member
fer Ripen, and thanked the N. Ile Lord fur the honour
be lute doe° hint by appeetiong hen a member of the
conovehaitite, composed as it weea, of men of such great
salience tend ability. He wished to ask the Hon. and
Learned Solicitor-Generel whether it was intended to
confer upon those jedges any original jurisdiction.• If
they were to hey° this as well as en appellate jurindic-
tiet ehe a ffeet, w.til ; be to make them a second Ceurt of
Chencery, and then the tenc-toy would be to make the
office of Lord Chancellor a irolitield one without those
high judicial functions and abilities that it was so necesd
sary he should posses&