The Sun.
London, England, 1851-09-05 00:00:00

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both for the important judicial post **knee"-
the rcspon:ibie dutte3 they wil
a 14V Afyilt
no one can entertain a doubt. ,
probable that the two sitting tog err kvikitecat .‘;
stitute a fer baiter tribunal than either of them. did'
when sitting 41one. Able as both of them are, they
posers: in many respects very opposite charac-
teriAics of mi.(' and temper. As Vice-Chancellor,
Sir James Knight Bruce, to a singular acuteness,
which gave his knowledge of the points in cases
when being argued before him almost the appearance
of intuition, united an energy of purpose and an in-
domitable theermination to do justice in each case,
which in the great majority of instances worked sub-
stantial justice to the parties in the readiest mode
the nature of the subject-matter permitted. He never
willingly allowed the forms of the court to be used
oppressively, and he often exercised a bold and vigo-
rous discretion to prevent parties using such forms
and enforcing their strict rights in a manner calcu-
lated to operate injuriously on their opponents, which
ro judge sitting in equity had ever previously ven-
tured upon. This was mainly accomplished by en-
forcing consents and concessions from the parties, as
the price of some order which it was discretionary
with tha court to withhold or to postpone. In this
way a long and intricate litigation was often
nipped in the bud, and many suitors saved
from all the miseries and expenses of a pro-
tracted Chancery suit. Take for instance
the following : a man in trade died owing some debts
in the way of his business, and possessed of consider-
able landed and house properties, on some of which
there were mortgages ; in short, though his estate was
much mere than solvent, it was entangled, and re-
quired a little time and some forbearance on the part of
the few trade creditors to be made the most of. His
executors, desirous of preserving the trade, which was
a valuable one, and of keeping the other property to-
gether, delayed for a short time to prove the will until
cited by a creditor to do so, and then they proposed to
the two principal and only trade creditors to deposit in
their hands ample freehold securities for the amount of
their debts until money to pay them off could be realised
without needless sacrifices. This was refused by the
creditors' solicitor, and a claim to administer the estate
was filed on behalf of one creditor. Under such proceed-
ing a decree to administer the estate would have been
quite of course, and all the real property of the testator
would have been sold, and his complex affairs wound
up in the Master's office, and the plaintiff's (the credi-
tor's) solicitor would have had the carriage of the decree,
and, as a consequence, the lion's share of the costs in-
curred. Anxious to avert such a destructive litiga-
tion, the executors applied to the Court to stay pro-
ceedings on the claim, upon their giving security to
pay the plaintiff's debt and costs then incurred
within a short time. Vice-Chancellor Knight Bruce
thought the executors had not been quite so prompt
as they might have been in proving the will, and
refused to stay proceedings, except on the terms of
immediate payment of debt and costs, and he al-
lowed the matter to stand over for a few hours,
that the counsel of the executors might confer with
their solicitor. When the matter was again men-
tioned the money was brought in, and in open
court, by the Vice-Chancellor's direction, handed over
to the plaintiff's solicitor. In the meantime, however,
a second claim by the other trade creditor had been
prepared, through the same counsel and solicitor, and
when the matter was mentioned application was made
to file a second claim for administration. This could not
be dealt with in the same way, the amount of the debt
was larger, and there was an open account between the
creditor and the testator. The executors could only re-
present to the court that they had offered security,
that they were about to raise money on the testator's
real estate for payment of his debts, and that such
arrangements would probably be defeated should
there be a suit pending for the administration of his
estate. In ordinary cases, the Court could scarcely
enter into such considerations; and leave to file a claim
would be given to a creditor almost as of course. But
the Vice-Chancellor said, " I see there is a desire and
intention on the part of these executors to pay the
debts, and I must, so far as I can, protect this testa-
tor's estate from destruction," and he accordingly di-
rected the application of the creditor to stand over for
two months, on the executors entering into their
personal undertaking to pay the debt, or consent to an
administration decree at the end of that time. Before
that time had expired, the necessary funds were raised
and the debt paid. Here, by the exercise
of a firm discretion, the Vice-Chancellor
steyed the property of a family from anni-
hilation. It is true he spoiled a " very pretty.
(legal) quarrel," and prevented the creditor solici-
torfrom getting a very pretty bill of costs out of the
entangled estate, but the suitors and the public will
probably deem his Honour worthy of high praise for
such interference. And so in a multitude of other
cases, familiar to practitioners in his court, the Vice-
Chancellor Knight Bruce has rendered his a court of
reconcilement, to the manifest benefit of all parties.
As a drawback, it must also be fairly stated suitors
and their counsel have not seldom complained. The
court has decided without giving them a full and sa-
tisfactory hearing; and though even in such cases the
Vice-Chancellor was very apt to be right, he is not
more than other men infallible. It is unquestionable
that many appeals have been made from his decisions,
mainly because all the points in the cases were not
fully argued before him. Lord Cranworth, on the other
hand, has earned the character of being somewhat slow
in his decisions, and of permitting argument to be per-
sisted in after it has become perfectly plain to the judge
that such argument was untenable; consequently less
business was got through in his court than was ex-
pected. The soundness and completeness of his
judgments, however, when given are undoubted, and
they are very generaly acquiesced in by suitors. As
a Vice-Chancellor, the long absence of Lord Cran
worth from the Court of Chancery, whilst sitting as
a common law judge, was felt to have been a disad-
vantage, for during that period changes of practice
and new general orders had been made, which ma-
terially affected the business of the court ; with these
the Vice-Chancellor could not have that complete
familiarity which constant and daily practice in the
court can alone give, and which is so essential to the
dispatch of a large part of the judicial duties of the
Court of Chancery. When sitting as an appeal judge
these points of deficiency will be of no importance,
for there are few appeal cases in which, for some
reason or other, a full argument is not necessary,
and that minute acquaintance with details of practice
is not so math required on the part of an appeal
judge as in a judge of the first instance. The mode
in which the vacant Vice-Chancellorships have been
filled will also, we believe, afford equal satisfaction
with the appointments to the appeal court. Sir Wit-
lism Page Wood, the late Solicitor-General, is a clear-
headed man and a good lawyer, with an eminently
judicial mind ; and while he is an acute practitioner,
and well versed in the principles and practice of the
court, he has no predilections or prejudices which can
interfere with any changes necessary to adapt the
Court of Chancery to the ideas and exigencies of mo-
dern times. Mr. James Parker also is a man of great
legal acumen end sound knowledge. His practice in
the court has been vast and various, and his opinion
on knotty questions of equity law has long been
deemed one of the safest, if not the safest, upon
which intending litigants could act. That
he will make an excellent judge may be cer-
tainly predicted. It is creditable to the Govern-
ment and to the Lord Chancellor as their first
legal functionary, that, in completing thej udicial force
of the Court of Chancery, party politics have been
thrown overboard, in order to select the best
.hight
men for
the judgment-seat; for the Vice-Chancellor le_
Bruce and Vice-Chancellor Turner, and now. V. ice-
Chancellor Parker, all belong to parties
cally
opposed to the Government. The question now na-
turally
ted from the
to
behseereecis work to be
asked, is—" Who is to be the new Solicitor-
General?" That he ought
equity bar nobody can doubt, for t
there
but
yp, umblir.
Bethel], who, to his pre-eminence
c
seem by common con
done in the way of Chancer6rpefeorrfmormw.
hicNh ow, none
an equity lawyer can proper
se
is one man to whom the ptrofteossipooni.
point—namely,
as an advocate, adds
an earnestness and thrhughness in his views of law
reform which are at this moment require(' to satisfy
the demands of the public, and to effect such complete
changes as will set at wild notions which
rest certain
have been broached on this subject.

•
:44

Flew

rADvERTISEMENT.3 A Remarkable Cure of
Dropsy of the Chest by Holloway's Pills.—Extract of a letter
rrorngir, Mundav, a farmer, Kennington, near Oxford, dated
is4s :—To. Professor Holloway ; Sir,--Having on a
former occasion apprised you of an extraordinary cure upon
myself by your invaluable medicine, it gives me great pleasure
to testify again to its efficacy in a case of dropsy of the chest
with which my shepherd was afflicted, to whom, the moment I
was informed of the nature of his complaint, I recommended a
trial of your Pills, which advice was adopted with complete suc-
cess, for by taking a few boxes only he was perfectly cured, and
is now in sound I,ralth. —Sold by all Druggists, and at Professor
Holloway's Establishment, 244, Strand, Landon

BARNET GREAT CATTLE AND HORSE FAIR.--YeS.•
terdav (Thurseiav) this great fair commenced. It is consi-
dered one of the largest stock markets. The supply of cattle
was. unusually large, and a very great concourse of farmers
and' cattle graziers was brought together. The stock was in
good condition. Among stock, young beasts of the Here-
ito:eradagned Devon breed made from 9/. to 101. 10s. a head, and
were in great demand. Lincolns made to 124 a head, and the
price of good Scots was 51. to 71. each, which were
bought for stalling up. The collection of milch cows was one
of the finest ever witnessed at a public mart, being of the
choicest Yorkshire breed, and made prices ranging from 16
to 19 guineas, small calf inclusive, and were eagerly bought
up by London milk dealers. Among Welsh cattle, which
occupied almost exclusively the racecourse, there was a lively
business, at good prices. In the horse market trade was
good, and young cart colts, adapted to London purposes, SOld
at prices varying from 30 to 45 guineas; and among the
Welsh forest colts there was a fund of amusement from the
extraordinary and daring manner in which the Welsh horse-
dealers rushed among the herds of ponies unbroken, and even
not haltered, as they were, and brought out a selected pony
by the mane to the purchaser. The amoutnot-odfaym(7rl-
awyh)i.ch
changed hands yesterday was immense vast droves of cattle
left the fair, and much iemains to be sold