The Sun.
London, England, 1850-04-02 00:00:00

SPIRIT of the PUBLIC JOURNALS.
TIMES.—In another portion of our columns will
be found a letter from a correspondent upon the oft-
mooted question of Chancery reform. The contents
of this letter are substantially identical with the
statements made by Lord Brougham the other night
'in the House of Lords, on introducing his Bill for a
partial reform of the Court of Chancery. The same
facts and the same deductions are contained in the
letter as in the speech; but we publish it in the hope
that many persons who have not looked through the
speech may take the trouble to peruse the letter. It
would hays been strange indeed had a strong move-
ment for the reform of equity practice been in course
of progress without the apparition of Lord Brougham
upon the scene. However much at times we may be
disposed to smile at the readiness with which he !
thrusts himself forward upon questions entirely re
moved from his experience, or at the pertinacity
with which be defends his random impressions, on
the subject of law reform at least he is entitled to
be heard with attention and respect. We will not
say that the propositions he has made have always
been the beat planned and best digested that might
have been devised; but throughout his devious ca-
reer, at least this praise cannot he denied to Lord
Brougham, that he has set more brains to work upon
the propriety of reforming our system of legal ad-
ministration than any other man of his period. We
can scarcely look for a union of the conveyancer's
cautious foresight with the backwoodsman'," buoyant
energy—and Lord Brougham is an adept in the art
of " clearing." A mass of legal rubbish, now hap-
pily obsolete through his strenuous exertions, rise
gratefully to our reeolleCtion in connexion with his
name. The hope of obtaining complete and entire
satisfaction upon the question of Chancery reform by
a coup de main would be a mere delusion. All that
we can reasonably expect is to assist from time to
time those amongst the numerous assailants of the
Chancery who are pointing their attacks against seri-
ous and substantial grievances. It was but the ether
day that Sir John Romilly, feeling, no doubt. the
difficulty of grappling with the phalanx of Eng-
lish practitioners by a straitforward attack,
endeavoured, by executing a flank movement
in Ireland, to take them in the rear, and we most
earnestly and sincerely trust that his manoeuvre
may be crowned with complete success. As we
dealt with the subject at length when the Learned
Solicitor-General brought for ward his propositions, it
would be needless to racapitulate here the abuses and
errors of equity practice, common to the two divisions
of the empire, against which his proposals were
directed. But it will be remembered that one of the
most vigorous attacks made against his measure con-
sisted in the suggestion that even if some trivial
Idefects did exist in the administration of our equity
system, the proper remedy was by order of the
Court, rather than by Act of Parliament. Lord
Brougham's new Bill, it now appears, is to be met by
the same kind of objection. There is 'to be a re-
commendation that all intermeddling in the matter be
postponed until the Chancellor himself mero motu
shall take order with the abuses of adminisration
suits, against which the reformatory measure is di-
rected. Neither in this instance, nor in any other
where there exists any anxiety to serve the cause of
progress, is such a proposition admissible. Once
and again the task of reform has been intrusted to the
hands
.of the Chancellor, and the experiment
has turned out a complete failure. Ten years
ago, five years were given to that great dignitary to
set his court in order; not only was power given,
but he
was authoritatively and in terms required to
exercise it for the benefit of the suitors, but all in
vain. At the expiration of the first term, yet another
term of, five years was given to the reluctant judge,
but the second term has expired as the first expired
before it ; and nothing has been done. What, then,
can we say to a recommendation for a third extension
of the period of grace, but to meet it with the too
famous formula "C' est trop turd." And, after all,
why this irrational desire to postpone useful changes,
and to paralyse the hands of their proposers ? Let
any one read either in .Lord Brougham's speech, or
in the letter of our correspondent, a succinct account
of the evils against which the Bill for simplifying ad-
ministration suits in Chancery by extending the
powers of the Masters is directed, and judge for him-
self not only of the extent of the evil, but of the ab-
solute absence of any well grounded motive even for
interested opposition. If the subjects of a country
cannot obtain cheap justice before its tribunals
their course is obvious enough. They either set their
brains to work to discover methods of evading the
law, or they do without it altogether. In the case of
administrations, executors who have the slightest re-
gard for the interests of those beneficially interested
in the contents of a will prefer the latter alternative.
It appears, on comparing the figures obtained from
the probate returns with the number of administra-
tion suits actually instituted in the Court of Chan-
cery, that nine-tenths of the cases are kept out of the
court by the delays and enormous and intolerable
expense of its proceedings. In our correspondent's
letter will be seen set out at length the several steps
of an administration suit, upon which the judge,
when it comes before him, makes an order as of
course. It must be remembered that from the first
there is no real litigation. The parties interested are
not at issue as to any simple question of law or fact ;
they are made to pay 2001. or 300/. for the observance
of a parcel of trumpery and irrelevant forms. There
are office copies of the bill ; then close copies ; an-
swers in draught; the engrossments ; a special com-
mission to swear; a special messenger to take the an-
swer to London—for it is not allowed to send it by
post ; more office copies ; more close copies; coun•
set's opinion on evidence ; interrogatories to prove
wills, if any real property be involved; more special
commissions to examine more witnesses; more evi-
dence taken in secret; more special messengers to
London ; more office copies, and so on, through inter-
minable rounds of delay, vexation, and expense., And
all these are mere questions of the most idle and un-
necessary form. It would be equally rational to corn
pel the British subject who desired to pass from
Upper Baker-street to Hampstead-hill to walk
seventy-one times round the outer circle, and one
hundred and seventy-three times round the inner cir-
cle of the Regent's-park, and to call these enforced
perambulations necessary solemnities. There are
few men so completely isolated from commerce or
connexion with their fellow-creatures that they are
not called upon at one period or other of their lives
to discharge the office of executor or trustee. What
case more common than to find a widow with a
family of young children thrown upon the world
with no support or protection but that of
the one or two friends whom her husband
may have named executors of his will ?
Not many instances, we believe, exist in such cases of
persons either refusing, or renouncing the trust, but
yet, owing to the preposterous system of our law, an
executor finds himself exposed to one or other of two
very painful alternatives. If he should make up his
mind to pull through with the estate as he best can
without seeking for protection in the proper quarter,
he may in his person, or in his heirs and representa-
tives, become almost at any indefinite time the victim
of his disinterestedness, and be required to satisfy a
debt of his testator's of the very existence of which
he had no conception, notwithstanding that he had
used his best effoies to discover the liabilities of the
estate. If bee be not sufficiently interested in the
legatees and heirs to take such a course, he has no
alternative but to apply to the Court of Chancery, at
an expense which, if the estate be a small one, will
go far to swallow up its value. It is against this
evil that Lord Brougham's Bill is directed. He pro-
poses to commence consent administration suits in

the Master's-office, and to give an immediate and
cheap appeal to the Court, should any party be
dissatisfied.

TIME S.—The elaborate report on the public health
of the metropolis submitted by Mr. Simon to the City
Commissioners of Sewers has received the formal
consideration of a select committee of that body, and
the two documents, taken in conjunction, present a
very fair synopsis of the works comprehended under
the general description of sanitary improvements.
Speaking broadly, we may resolve all the nine heads
specially reported on into the one single condition cf
the removal of all offensive matters from the dwelling-
places of the living. The absolute execution of this
provision would render the sanitary state of a city
almost unexceptionable in so far as it depended upon
human agencies. Two great branches of the subject
are obviously distinguishable—one referrini, to the
effectual abstraction of the necessary refuse of a city,
and the other to the prevention of all such practices
as are plainly offensive to public health. Under the
first is included a scientific system of sewerage ;
under the second, the regulations pertaining to the in-
terment of the dead, and to various pursuits and trades
involving consequences unwholesome to the population
at large. To some extent, perhaps, we may separate
from the former of these conditions the necessity
of a copious water•supply, and consider it as a
distinct requirement ; but when we have done
so, and stipulated for a'systematic suPerversion on
the part of the municipal authorities, we shall have
ennutnerated all the points to which Mr. Simon and
4-1-(3 sanitary ewnrilittee have found it needful' ro
attend. Good seweLlge ineltid,.s both house dra;n-
age and street drainage, although until the Con .
mencement of the present year the former portion of
the arrangements was wholly withdrawn from the