The Sun.
London, England, 1829-05-13 00:00:00

BRITISH EXPORTS.

OF inn UNDERMENTIONED ARTI-
IRE EXPORTED FROM LIVERPOOL,

STATEMENT OF THE QUANTITIES
C1.F.1 OF BRITISH MANUFACTU.
FROM MAY 1 TO 8 INCLUSIVE.
Pieces. Yards.
Cotton 118,352 1,723,206
Linen 1519 251,6:33
I3lanketir.g
Carpeting 6,0121
Calicoes
Kerseyrneres

Sail Cloth 26,579

Ijoz.
Cotton Hose 5,21(i
Worsted Hose
Cotton Handkerchiefs 419
Cotton Braces l2O
Hats
Hardware £17,390
Earthenware £6,139
Silt White Bushels 186,420
,alt Rock 41,720
Tons. Cwt. Chat.
Coal
Iron

Woollen St u ff5..1,618
Worsted Stu ff5..5,992
Bais'> 469
Inf. W0011en5...6,347
Cotton Threadl7,3oolb.

Cotten Yarn ...26,930

Ends.
157

1,308

CATTLE.
AN ACCOUNT OF CATTLE IMPORTED INTO LIVERPOOL FROM MAY 4
TO 9, BOTH DAYS_ INCLUDES.
Cows. I
I I
Calves. Sheep. Pigs. Horses. Mules.
I 726 105 I 1384 4395 4 0

A By SFORZA, of the work, independently of the engravings. reoirvali.an.iftaleiw
°D-0,1: Hurst, Chance, and Cu. 65, St. Paul's Church- Printed for Henry Colburn, S, New Burlington-street.
Yard. COTTON WOOL.
'Fhb i
THE COURT JOURNAL, No. 11., for LIST OF IMPORTS AND EXPORTS.
----"—'.----------------
1 il'a* published, price 21. 10s. in cloth boards, MAY 9th, contains:— IMPORTED. Exroarrn.
14 illustrated with 100 Engravings, Thoughts on Aristocracy, suggested by the late Ball at
ONDINIAN A ; or, ANECDOTES) Devonshire House—Literary Epistle to Lady 'l' '" ~ at ~.--.A—.. ,---...1...-7.-_,
Same pe-
This riod last Previous_
Phis this
FACTS, and MEMORIALS of the STREETS, Florence—Royal and Noble Residences—The Court Day,
)3111); ILDINGS,year. year. year.
and PERSONAGES connected with the Canto 11. ; Ladiei Londonderry, Clanricarde, St. Antonio,
`.TORY OF LONDON in all ages. Covvper—Poetical Portraits : the Countess and Lady Liverpool Bags, &c. rags, &c. Bags, &c. Ba,rs, &c.
299,148 209,241 2,224 12,237
By E. W. BRAYLEY, Esq. Emily C--r—The Vice •Regal Court of Dublin—A Day London 28,178 '22790 840 17,541
„..," The character of Mr. Brayley's work will be tolerably with the Prince de Ligne—Letter from Paris—ltalian Glasgow 10,506 12,017 237
Total exported in 1829 '13,079.
74'1(1400 d
but
tvi.•.___. by
-what •... .. . .• l 0 T Same period 1828

By E. W. BRAYLEY, Esq.
The character of Mr. Brayley's work will be tolerably
--"1 "ltood b what we have already said of its contents,
tiot • mad, add, that it deserves a place in every library,
ia2ttuu„.ic 'and private. The mass of useful and interest.
g nnottration which it contains does the greatest honcur
to the learning and re3earch of the. author, who richly
"tits the praise of having done much to redeem the name
4,t an antiquarian from the obloquy which sometimes at-
-1,,,e lles to it, from the aspersions of the vu; um profanum.
Y .trust he will again appear before us, as a wide and
'4llous field of enquiry is still before him, and the talents
has displayed in his present undertaking, make his
,_l4bours and further exertions a sort of public debt"—
4onthly Review, May, 1829.
C_
hLondon : Hurst, Chance, and Co., 65, St. PaPaul'surchyard ; of whom may he bad, just publi'lled'
THE OPERATIVE CHEMIST, Pr'" 31$. f, I
ht_By SAMUEL F. GRAY, Esq., Author of the Sup-
to the London Pharmacopwia,

Thoughts on Aristocracy, suggested by the late Ball at
Devonshire House—Literary Epistle to Lady ." •, at
Florence—Royal and Noble Residences—The Court Day,
Canto 11. ; Ladies Londonderry, Clanricarde, St. Antonio,
Cowper—Poetical Portraits : the Countess and Lady
Emily C—r—The Vice •Regal Court of Dublin—A Day
with the Prince de Ligne—Letter from I'aris—ltalian
Table Talk—The Devil in Pisa : Masquerades Unmasked,
&c. ; Lord Burghersh—Journal of au Embassy to the
Court of Ava, by John Crawford, Esq. F. S.A., &c. late
Envoy—Memoires d'une Dame de la Cour de Louis
XVlll—Societies Linnean, Asiatic, and Royal Institu-
tion—On the Portraits of Sir Thomas Lawrence—The
Theatres—ltalian Opera—French Plays—Mathews and
Yates—Music—Concerts—Miss Chambers's—Materials
for Talking—The Court Circle—English Beauties—
Gaieties of the Week—Literary News, Correspondence, &c.
N.B. A Fourth Edition of the First Number is now
ready for delivery.
Printed for Henry Colburn, and published every Satur-
day Morning by W. Thomas, at the Office, 19, Cathe-
rine-street, Strand, price Sd., or stamped for country cir-
culation, postage free, Is.

-
ROYAL
EXTRACT OF FLOWERS.
I.7HE extraordinary circulation of the above
Raw
'Wu of and its very general adoption by the first
bare aIIN at the Toilette and in the Drawing-room,.
'44w the Proprietors in an endeavour to render
tior deli"lC7 of scent and fragrance, equal, if not supe-
tithtiaotwy description of Perfume for the Handkerchief.
a combination of Flowers, selected for
thrner from
erg are in eetnese and aromatic properties, when
11 flow their fullest vigour.
Itibrititetored and Sold by Ridge, Brockba"k, and
Dotes 4 etftimers to hie Majesty, 35, New Bond-street, in
Th. tt)sB., 85., 55., and Ss. 6d.
40tit '(-4RSIAN BOUQUET is also recommended to the
t 0141.-1. °f the Nobility and Gentry, as a pleasing, very
tiarable Perfume.

NEW WORKS AND IMPROVED EDITIONS OF
SUPERIOR PUBLICATIONS, PRINTED FOR
BALDWIN AND CRADOCK, LONDON.
THE HISTORY of the CHURCH of
ENGLAND.
By J. B. S, CARWITHEN, D.D. of St. Mary Hall,
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In 2 vols, Svo. price 265. boards.
The HISTORY of the RISE and EARLY PRO-
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Dr. LINGARD'S HISTORY of ENGLAND, Vol. 7,
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iri"‘"VAL AND SAFE REMEDY FOR THE
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PDANK's PILLS. These Pills are
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Ch p,214 boXes at 2s. 9d. and 4s. 6d. by Messrs. Butler,
Cheapside, corner St. Paul's, London ; Sack-
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ect;'''S ALOPECIAN, or FOX OINTMENT, an
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e afflicted, to give it publicity.

s A 1),134* JAMES'S ANALEPTIC PILLS
.t. the most effectual REMEDY for
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chime; aris

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M. D., il:ustrated by fine plates, 4to. parts I. 11. and
111. price 10s. 6d. each ; or with the plates finely coloured,
price 21s.

Volume Nine of PETERSDORFF'S PRACTICAL
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Prince LiEvEN, the Russian Ambassador,
and the Princess LIEVEN, were of the party given by the
Duke and Duchess of WELLINGTON, on Monday, at their
residence in Downing-street.

The Gallery of the late Mr. \VEsT is daily
crowded by the Connoisseurs to take a farewell view of
the vast collection of pictures which enrich its walls.
There is not another instance in the annals of the Fine
Arts, wherein the whole works of a long life devoted to
painting have been preserved together, like those of the
venerable late President of the Royal Academy. This
Collection, so abounding in all subjects, and treated with
such rare mastery, can he seen but a few days longer, as
their sale, and final dispersion will take place within the
present month.—The sale of the whole must be peremp-
tory. We have the best authority for this assertion.
A work of unusual interest is announced,
under the title of " Travels in Turkey, Egypt, Nubia,
Palestine, &c." by R. R. MADDEN, Esq. The author,
who it appears is a-physician, and has been sojourning for
four years in these countries, was enabled, by virtue of his
profession, to ascertain the actual state of Turkish society
manners, and customs, and to furnish more accurate in-
formation than has ever appeared on the subject. Dur-
ing his travels in the East he visited the sites of Troy.
Memphis, Thebes, and Jerusalem, and other interesting
ruins.

STATE OF TRADE.—We have not heard of
any particular change in trade this week. The market for
goods continues very much depressed, and business lies been
considerably interrupted by the disturbances which pre-
vailed in the early part of the week. The demand for
water twist for the Russian market continues very good ;
mule yarn is dull of sale.—Mitnehester Mercury.
It is said, but we know not on what authority,
that the Government have it in contemplation to confer
the power of electing Members of the House of Commons
upon the large and unrepresented towns, such as Birming-
ham, Manchester, and Leeds ; and that it was on this ac-
count that the Retford affair was postponed at the request
of Mr. PEEL, till the next Session. We give this as a
mere rumour, the truth of which we neither deny nor af-
firm ; but we have no hesitation in saying that such a pro-
ceeding would be, in every point of view, very politic.
Nothing is so calculated to preserve the peace of a town
under any temporary distress, or under the idea of any
imaginary grievance, as having Representatives, to who,n
the people can make their complaints, and through whom
they can get them laid before Parliament and the country.
If Manchester and the large neighbouring towns returned
Members for Parliament, we should have a great deal less
of local excitement than we have under the present system.
The better-informed portion of the weavers, instead of
making speeches to their fellow-workmen, and thus in-
flaming their passions, would employ themselves, as they
do in such places as Coventry and Leicester, in composing
orations for their Members, and if they happened to be as
clever as Mr. OTWAY CAVE or Mr. FYLER7 they would
let them off in the House of Commons, awl thus acquire a
vast deal of credit for themselves, and give infinite satisfac-
tion to their constituents. B. sides, the bringing the lower
classes into connection with Members of the Legislato4l
would be calculated, in other respects, to keep them from
the commission of any acts of outrage. They would na-
turally look to their Representatives for advice, and they
would no doubt receive such as would be calculated to
soothe their passions, toteach them to look to other means
than those of violence to obtain redress. We trust that the
Duke of WELLtNozorg and Mr. PEEL will take this hint
into their consideration. They may rest assured that if it
had not been for Messrs. CAVE and FYLER, the weavers
of Leicester and Coventry would have been quite as
troublesome as those of Manchester and Rochdale.—
Morning Paper.

' »Priori of eimhitieti months luul elapPeci. I,Vten tile
ce ;vas pronoti wed, it n,i4;-ht be perhaps a decree re
lerring Ole cause hack to the Master, and several
roil hs must elap a betbre he could make his repo t.
W hen the Muster manes his report ; exceptions rresy
be taken ; the exceptions are act dolYn fiir a hear-
ing, but t:eelye rnontl,r, insist elapse ,before tle
.!eptic,ns can be argued. Further exceptions inav
then be taken by the other- pi:Ay, and a delay of
twelve months more may- elapse before the catr,
comes on to be hearti If the exceptions are allowed,
the cause goes back to the Master, and the execu-
tions are then set down for argument, so that a very
long period elapses when a cause is litigated, before
it is finally heard. The case may be set down for
further directions, which will occupy eighteen
mouths more, anti the Judge may pronounce
decree when the sante period has elapsed. In ad-
verting to this subject, the statement I have made
to your Lordships is not overcharged. I have only
given you a correct account of a cause in equity,
that your Lordships may see the full extent of the
evil which the delay produces. Your Lordships
must not suppose that this evil is one of modern
times. It is of long standing, and must be corrected.
The Government will desert its duty—Parliament
will' desert its duty—if this evil, which has been
long complained of, be not remedied. It is of no
use to have removed obstructions at the early stages
of the process, if they are suffered to accumulate at
.the end. It is useless, or rather it is worse than
useless, to free the channel of the stream at its be-
ginning, while theJ'obstacles to'its course as it pro-
ceeds are allowed to remain, for that will only hasten
on the progress of the waters, till where the obsta-
cles are the greatest they will overflow the country.
These evils have existed ever since the COurt of
Chancery was established. These evils originated
with it,and they must be remedied. In Sir Tiles.
More's life, I find it stated, that.when he entered the
Court, he found it locked up with caitses,some of wiiielt
laid been there for•-a petioil of from 20 to 30 years.
Coming down to the time of Lord lacon,l--tintl
his speech, on taking his seat in the Court, and oil
referring to the instructions he received horn King
James, there are allusions to this evil. In IW3I,
the House of Commons, I find that a Member cif

tration of justice should be expedited in that Court
which has go important a trust. It is important,
however, my Lords, that no misapprehension
should exist on this question. When we speak of
expediting the administration ofjustice, and when we
speak of guarding against every delay, we must al-
ways consider that there are relative terms in order
to prevent us forming incorrect conceptions. A
suit in the Court of Chancery has no resemblance to
,s suit at common law. In a suit at common law
two individuals, or two sets of in dividuals, having
,he same interest, contest one or two points which
can be put in issue, and such questions can be soon
lecided, can be soon known and determined. This
is not the case, however, with a suit in equity. A
suit .in equity relates to a very complicated descrip-
tion of property ; it is very often the business of
the Court to take measures to collect that property
from many adverse suitors, and afterwards to make
just distribution of that property among many con-
ilicting and contending claimants. The object of a
eitiit in equity implies very often an inquiry into all
the questions of property connected with the suit.
If your Lordships were to contrast the speedy de-
cisions at common law with the decisions of a
vourt of equity—if you were to apply to the latter
the expedition used in the former—if you were to
judge from a -suit at comiami-law
equity, your Lordships would c ,me to an unin-
formed and rash conclusion. Having made this
statement of the object to be attended to in consi-
dering suits in a court of equity, I shall proceed
to consider the changes which have been recom-
mended in the first part of such a suit. In 1825,
as will be well known to your Lordships, Commis-
sioners were appointed to inquire into the proceed-
ings of the Court of Chancery, and into the means
of obviating the delays and inconveniences which
were said to exist, which did exist, and which now
exist, in conducting and exi editing a suit in

HOUSE OF LORDS.—(LAST NIGHT.)
Mr..BANKES, Col. SIBTIIORPE, Mr. BLACKBURN,
Sir EDWARD LLOYD, and Mr. DAVENPORT, brought
up several private Bills.
Mr. SUDDEN brought up the Infant Property
Bill, a Bill for amending the laws relating to the
Transfer of Estates, a Bill for facilitating the
Payment of Debts and of real Estates, and the Illu-
3ory Appointment Bill.
.
Sir ALEXANDER GRANTDrougnt up the Clerk
of the Pleas Bill (Ireland) and the West India
Dock Company Bill.
Lord DACRE moved the third reading of the
Covent-garden Vestry Improvement Bill, which,
together with several others, was read a third time.
Lord SKELMERSDALE presented a petition
signed by upwards of 8,000 inhabitants of Great and
Little Bolton, praying their Lordships to prevent
the payment of wages, otherwise than in money.

RENEWAL OF THE EAST INDIA COMPANY'S
CHARTER.

The-Marquis of LANSDOWNE rose, agreeably
to his ration; to present a petition frorn thekrespec-
blei4bitants of Manchester, praying their Lord-
' take consideration the \exiAiericy.
of opening the trade to the East Indies,
and the expediency of imposing such limita-
tions as that opening would require, upon the pre-
sent charter of the East India Company when it
came to be renewed. If their Lordships wished to
discharge their duties as Legislators, they would
not fail to familiarise themselves with the important
considerations that arose out of the present petition.
It propounded a series of most important questions,
upon which their Lordships must form definitive
opinions in the course of a few years. It often hap-
pened that their Lordships were under the necessity
of forming opinions upon matters either upon prin-
ciples of government or of commerce. In the present
case they might be called to do ?o with respect to
distinct interests and countries, which could not be
brought under consideration but by industry on
their part. He hoped their Lordships would not
shrink from the great, if not insuperable, difficulties
of the present question. He did not mean by
what he had just said to call en the Noble
Duke at the head of his Majesty's Government
for any declaration by which to regulate the opinion
of their Lordships on the present question ; he not
only did not do so, but he hoped they did not form
any thing like a rash opinion. The documentary evi-
dence alone could enable any one to form a judgment
satisfactory to themselves. Their Lordships by this
measure would have to determine the commercial pro-
sperity of England ; they might have to determine on
that which might affect the Constitution; they would

the name of Althorpe, who, on referring to the
Parliamentary Debates, appears to have -been an
active Member of Parliament of that time, declared
that the causes in the Court of Chancery were kept
there from 20 to 30 years. At the same time, Coke
stated that the business of Chancery was so great,
that no Chancellor and no Master of the Rolls could

equity. No individuals could be selected better
qualified, from their great experience, learning,
and information, with respect to the subject
to which their ,inquiries were directed, than

the gentlemen who were appointed en that Com-
mission. Your Lordships may, perhaps, sup-
pose that these individuals were prejudiced in favour
of the existing system, from having passed their
lives in the profession of the law, and that they
would be careless of the abuses ; but it is well

known, my Lords, that there were some individuals
on that Commission, who had no such prejudices,
and who would do whatever was possible to expose
the existence of abuses. If they were contented, it

is to be presumed that there was nothing further to
oppose. Having said thus much in respect to the
views of the Commissioners, Ishall come to the Bill,
and state what are those points touched on by
the Commissioners to which I have directed
my attention. One material point which had first
engaged their attention, as far as expediting a cause
was concerned, was to examine the several steps of
its progress from the first commencement of a suit
till it was set down for hearing. It was supposed,
and the opinion was well founde], that in a great
many instances the delay was in the progress of the
cause between these stages. The Commissioners,
as the result of their inquiries, extensively =lied
on, came to a certain conclusion, and framed certain

have to determine on the lot of 60 or 70 millions of
people, whose interests had become connected with
theirs. All that he now asked was, to hear from the
Noble Duke opposite, not what was his opi►►ion, but
what was the course of Parliamentary inquiry he
was prepared to recommend ? He was sure his
Majesty's Government must be as anxious as he
was, to enable their Lordships to come to a final
decision. It had been usual in great questions
of this sort to institute a Committee, fur the
purpose of bringing before their Lordships
all the knowledge and details possible. But whether

it was the intention of Government that such a
Committee should be formed or not, he was sure it
was their wish to suggest as convenient a form as
possible, for bringing the matter before their Lord-
ships. He- should not allow the session to close
without moving for such documentary evidence as
he might consider important. That evidence
might be prepared during the recess, and their Lord-
ships would be enabled to come to the consideration
of this important subject next year, when all the
materials were before them. That motion he should
make at a convenient period. All that he asked in
the mean time was, assurances, which he had not
the least doubt would be given, that ample
time and opportunity should be allowed for the
consideration of a question of such importance.
The Noble Marquis requested that the petition
might be read at length, stating that it embraced the
whole commercial feelings of Manchester, and he
had reason to believe the feelings of all large towns.
Lord ELLENBOROUGH could assure the
Noble Marquis that his Majesty's Government felt
the extreme importance of this question. Ile
could assure him also that from the day on
which he had the honour to be a Member of the
Government, he had never had the subject out
of view, nor had it ever been absent from his mind.
He had taken means of obtaining the fullest know-
ledge which would be laid before their Lordships
at the proper period. It was his wish that their
Lordships should have the fullest information, and
he could assure the Noble Marquis that his Ma-
jesty's Government by no means wished their
Lordships to pass any measure without haying
the bearings of it weighed in every point of
view. But he was not prepared at the present mo-
ment to state what course his Majesty's Govern-
ment might think proper hereafter to advise the
adoption of.
Lord CALTHORPE presented a petition from
the members of the Chamber of Commerce
and Manufacturers of Birmingham, to the same
effect. The feelings of the manufacturers and
mercantile people throughout this great empire
were alive on this subject, and the most intense
solicitude existed that the Legislature should take
the question under consideration, for the purpose of
reforming the system.
_ _

propositions for accelerating the progress of a suit
in equity between the time it was first begun and
when it was set down for hearing. These proposi-
tions, so fra'ned by the Commi3sioners, had since
been turned into orders by the Judge, and were now
the orders of ail the courts of equity. I may venture

dispose of it. In the same year, a Bill was brought.
in to add two assistant Judges, which was read a
first time, and afterwards dropped, for what
I know not. In 1653—1 am tracing down the pro-
gress of this Court—in 1653, the House of Corn-
mons voted a resolution to regulate the jurisdiction
of the Court of Chancery. It was then stated that
one of the greatest grievances of the country were'
the delays of the Court of Chancery. The attention
of Parliament was, however, unsuccessfully directel
to obviate the difficulties. On referring to the Life,
of Lord Keeper North, who held the Seals un,ltr
Charles 11., I find that it is stated by Roger North,

hat the aeuumulation of business was so great in

the Court of Chancery, that it oppressed him, and.
even hastened his death. In 1707, a work wti,i
published, stated to be written by an Attorney
of the Court, a work of some celebrity, which
has passed thrOUgh several editions, and in
it the evil I have alluded to is mentioned. In
1756, a period that was thought to be a bright part
of the history of the Court of Chancery, a work was
published, entitled " Animadversions on the Court
of Chancery." In that a statement is made to the
same effect ; the evil is described as usual and of old
standing, and it is not supposed that the matter can.
be worse. I come to the Noble Lord who preceded
me in. the office I have now the honour to hold, • and
I find that the same evil existed in his time. Tim
same evil then existed, and the same evil exists now,,

The 'Suite of RICHMOND presented a petition
from the county of Suffolk, praying for protection
to the British wool growers against the importa-
tion of foreign wool.

Lord DARNLEY postponed his motion ti.
Monday.

COURT OF CHANCERY.

The LORD CHANCELLOR—ME Lords, I
rise for the purpose of moving the second rerding of
the Bill which I took the liberty of laying a few
nights ago on your Lordships' table to facilitate the
administration of justice, and in suits and other pro-
ceedings in the courts of equity. It is my inten-
tion in moving the second reading to redeem the
pledge I gave on that occasion, of stating to your
Lordships shortly and distinctly, the circumstances
which gave rise to the Bill, and the view which I,
as a member of his Majesty's Government, take of
the
,subject to which the Bill relates. In what I
propose
to submit to your Lordships I shall endea-
vour to express myself clearly and distinely, in order
to be able, as far as my power goes, to put your
Lordships
completely in possession of the subject,
and enable your Lordships to form your own judg-
ment of the question to which the Bill relates. It
will not be denied, that it is the duty of every Go-
vermnent to provide for the speedy administration
of justice. If this is the duty of every Govern-
ment, it must be peculiarly the duty of the Govern-
ment of this great commercial country in which all
the branches of property are complicated in every
part of the empire. When I recall to your Lord-
ships' recollection, that by a return made to the
other House of Parliament, the property rested in
the Court of Chancery, and subject to its orders,
decrees, and directions, is of the enormous amount
of forty millions'sterling; that a very considerable
portion of this sum is the subject of litigation, and
that many parties are interested in it ; your Lord-
ships will feel as strongly as I do the great interest
, the people of this empire have that the advainis-

to state, and there are many Noble Lords intimately
acquainted with the subject, that a due attention
has been paid to the recommendations of the Com-
missioners, and the orders have been framed on the
basis they laid down. The Commissioners' recom-
mendation being carried into effect, in their opinion
a suit in equity is now forwarded as rapidly as is
consistent with justice, between the time of its com-
mencement and being put down for a hearing. 1
have now done with the first pat of the case, and 1
shall, in the second place, point out to your Lord-
ships the subsequent part of the proceedings. Some
doubts may be fairly entertained of the propriety of
the form of the Bill and Answer, though the Com-
missioners, after examining many witnesses, came
to the conclusion that no alteration for the benefit
of the suitor could take place. Another point which
the Commissioners inquired into, and about which
there may, perhaps, be some difference of opinion,
is the mode of examining witnesses in suits of
equity. The opinion of the Conan.:ssioners was una-
nimous on this point, and they decided that ho alte-
ration could be made for the better. Saying nothing
further of the first stage of the inquiry, I pass to
the next point investigated by the Commissioners,
or after the cause is set down for hearing. When
a cause is set down for hearing, and even when it
is heard, it is not finally disposed of. The first
decree is frequently limited to sending back the
cause to the Master to make further inquiry. Much,
then, will depend on the Masters, and on the man-
ner in which their inquiries are conducted. It was
very generally supposed that improper delays took
place in the Master's Office. The Commissioners
had directed their attention to this subject, and had
made certain recommendations; but I do not be-
lieve that the Commissioners were satisfied with

the result of their proposals. It is certainly a sub-

It is impossible, iii mentioning that Noble and
Learned Lord, notwithstanding the political differ-.
ences of opinion which prevailed between us—it is
impossible that 1 should mention that noble and
Learned Lord without adding that no person is
more sensible than 1 am of the great merit of the
Noble and Learned Lord, and that my admiration is
increased from day to day for his great erudition
and attainments. IN the profession it is generally
said that no man ever doubted his decrees, but the
Noble and Learned Lord himself. lam sore that

nobody ever sat on the Bench of the Court of Chan-
cery who was more completely master of the subject
of his jurisdiction than the Noble Lord evinced him-
self to be, during the period when he held the office
of Lord High Chancellot.—(Hear, bear.)—What-
ever may have been the opinions expressed as to
causes of the delays in the Court of Chancery, I,
after having availed myself of the opportunities
which I have had of thoroughly viewing the metier
in all its bearings, am bound to say that I do
not ascribe the delays to him. It is part of the
system. The Court never has had the strength
and the power to dispose of all the cases that erne
before it without considerable delays. Anothee Cause
of the accumulation of causes in the Court of Chan-
cery, arising from the impossibility of hearing a
cause immediately on its being ripe for hearing is,
that when a cause is ready for hearing, it remaine
for a long time undisposea of; this gives rise to a
great variety of motions, which motions may be
appealed from, and often have again to be disposed,
of on a rehearsing. Another evil which arises f7oirt
the same source is, that after a cause is ready for
hearing, and remains for a considerable time, parties
die, and then comes the necessity for supplementary
Bills to bring other parties into the. cause, and thus
the whole case becomes more complicated and more
difficult to unravel, merely from the impossibility of
hearing a cause when it is first ripe for bearing. I
hope your Lordships are now of opinion that I have
made out a case which calls for your Lordships' in-
terference. It is, indeed, admitted on all hands that
this'is an evil which requires a remedy ; and the
only question is, as to the mode in which the re-
medy shall be applied, so as to be effectual for its
purpos!, Some may suppose that one plan will
answer best—some that another is preferable—but
all are agreed that a remedy of some sort is neces--
sary. After much reflection on the subject, and
consultation with other members of the profession,
I think the plan which I recommend to your Loed-
ships is the mast simple and the most ecorreereeat
that can at present be applied in practice, and that
plan is, to separate the equity jurisdic':nin from the
common law jurisdiction of the Exchequer, and to
attach the business of the equity' side to the Ex-
chequer to a new Judge, eo be appointed in the
Court of Chancery. I have read and considered
the report of the Commissioners lately appointed to
consider the coarse of proceedings in the Courts of
common lawa report which is admirable for the
knowledge, the zeal, the activity of those by whom
it has been prepared, and they certainly deserve well
of the Government and a the country. Among the
recommendations in that report, one is the separation
which I have mentioned—a suggestion, however, not
originati with them, for the matter has fora long
time been talked of in the profession, in which the pre-
vailing opinion has been, that the Equity and Com-
mon Law jurisdiction of the Court of Exchequer
ought to be separated. That Commission exa-
mined various witnesses, able and competent to
afford information on the subject. But there was
. one individual on whose experience, talent; and
judgment, I have very great reliance—l teeeem Sir
John Richards—and he thinks that the Common
. Law side of the Court of Exchequer ought to he
separated from the Equity s'ele. From this exami-
nation it appears that not more than sixty equity
cruises are decided in the Exchequer in a year, not
more than one.teventh of the business that was done
at the Rolls, and that not more than five cases at
Cenanon Law were disposed of for hundreds that
were dispatched in the Court of King's Bench; and
I think it will' he an essential improvement if the
recommendation of the Commissioners in this in-
stance be adopted. It will not be imagined that I
mean to cast any imputation on the Judges of the
Court of Exchequer. No : the evil is not in ale- de-

. .
ject of great difficulty and delicacy. The Commis,
sioners also recommended some measures for alter-
ing the remuneration of the Masters; but as a con-
siderable sum of money would be required to carry
them into effect, they were postponed. In addi-
tion to these two heads of inquiry, the recom
mendations of the Commissioners had also gone
to a great variety of particulars, some of
which would probably be improvements, but
the greater part of them had been post-
poned'or reserved. In my opinion, speaking as an
individual, it is idle, it is a delusion, to suppose any
of these measures can be carried into beneficial ef-
fect, while the most important point is allowed to
remain, and no step is taken to remedy the greatest
source of all the evi:s. My Lords, the Commis-
sioners often considered how they could effect the
accelerating of a cause after it was ready for hearing,
whic!i is the most material and the most important
part of the hearing of causes. I must say, with all
deference to the Commissioners, my after giving
much attention to the subject, I cannot suppose that
no alteration can be made in this important part of
the case. Their recommendations cannot be effec-
tual if they are acted on, and perhaps cannot be car-
ried into effect at all, unless something be done
with this part of the case. The great evil ‘vlif,di
is absolute and imperative on us to obviate, is the
delay after causes are set dowv, fc,r hearing. My
Lords, I must inform your Lordships that eight:-en
months very often elapses after a cause is set down
for hearing, before it is called on to be heard. This,
is au extreme grievance, but your Lordships will
form a very incorrect notion of the matter, if you
suppose that the evil stops there. If a suit of com-
mon law, after it had been carried so far forward as
to be ripe for hearing, were to be set down, and not
then heard for eighteen months, but were then
finally disposed of, and the judgment followed
im-
modiutely, that would be a great evil ; but this gives
110 idea of the delay of a Chancery suit, to which I
shall now advert. In a Chancery suit at the end of
eighteen months, it was probable, or at least not
improbable, that an appeal would be made to their
I Lordships. Aq 4ppeal was set down after the
cause had been heard, and then the cause was re.,
heard; but that could happen only when anothgr

gree owing to the want of talent, industry, cr know-
ledge in them. It is the vice of the system. I
know that the Court of Exchequer has often been
tilled by great and eminent Judges, and such has been
the case within my own recollection of the past, as it
ie the case within my knowledge of the present.
But there is a vice in the system, which neither
knowledge, talent, nor industry can overcome; and
I know of no better means of applying the remedy
than the plan which I new recommend to your
Lordships. The new Chancery Judge will he able
to dispose of the Equity business of the Exchequer,
and at the same time most materially assist the
Lord Chancellor and the Vice-Chancellor, particu-
larly in the hearing of motions. Ido not, however,
mean to propose to your Lordships to transfer the
Equity business of the Exchequer to the new Chan-
cery Judge immediately, for a reason which I shall
preeently mention; but I propose that the Judge
should now be appointed, that he may be ready to
undertake the duty whenever Parliament shall have
settled the transfer. I have stated that the Govern-
ment had the Report of the Common Law Commis-
sioners under consideration, and there are some of
their recommendations which are approved of, and
Bills are preparing for having the alterations and
improvements recommended by them carried into
effect. But these Bills cannot well be passed this
Session; and the intention, therefore, is to have
them printed, and then to allow them to stand over
till the next Session, that their provisions may be
well considered. I think, after consultation with
the Judges, that the greater part of the alterations
recommended may be carried into execution, and
when this shall have taken place, then will be the
time to make the transfer which I now recommend
to your Lordships to provide for. The delay in ac-
tually making the transfer is proper in another point
of view. In carrying the change into execution it
may be necessary to grant compensation to certain
ellicers in the Exchequer, and when the Common
;.aw part of it shall he detached from the Equity
portion, the officers may be detached also. Allow-
ieg such of them, however, as it may be unneces-
sary to continue, to hold the offices during their
lives, so as to prevent the necessity of raising money
to make compensation ; and as the officers gradually
drop off the Court, the new Judge may be ordered,
after the model of tire Court of Chancery. Another
point of great importance is the consideration of the
business in the Rolls' Court ; but I have not intro-
&teed any provision into this Bill n that head, in
consequence of the present state of the health of the
Master of the Rolls. No one has a higher opi-
nion of the knowledge and talent of that emi-
nent Judge than I have, and I should be very
reluctant to propose any alteration in the mode
of doing business in his Court, without first con-
sulting him. But lam in hopes that it will
not be necessary to make any legislative pro-
vision on the subject. I remember that in the year
1813, the present Master of the Rolls was a Mem-
ber of the House of Commons when the question as
ro the appointment of a Vice-Chancellor was under
discussion ; and that he, in a most able and eloquent
speech, pointed out the value of a change in the
manner of the sittings of the Master of the Rolls.--
As the Roils' Court was constituted at present, the
Master in term time sat three times a week in the
evening, for four hours each time—making twelve
hours in the week devoted to the hearing of causes,
motions, petitions, and other business. But even
these twelve hours are not gained for the despatch
of the business of the Court of Chancery; for when
the Master of the Rolls sits in the evening, the
Counsel require that the Chancellor and Vice-Chan-
cellor shall rise at three o'clock, so that by this
means two hours are lost to the bus;nass of the
Court of Chancery, and the Rolls' Court therefore
gives only six effective hours to the despatch of the
Chancery business. I know that the present Master
of the Rolls may do more business in six hours than
marry others would do in twelve; but I think that
considering the great salary, and consideration, arid
other advantages attached to the situation of the
-Master of the Rolls, the country has a claim on the
Rolls' Court fur a larger portion of time to be dee
voted to its service. Out of term the Master of the
Rolls sits only, on an average, four times in the
week. What I propose, though I haze trot intro-
thiced that as a provision in the Bill, is, that the
Master of the Rolls should sit like the other Judges.
This will add great strength and vigour to the ope-
rations of the Court of Chancery, end to the de-
spatelt of business in that Court; and when I re-
collect the speech made by the present Master of the
Rolls in the House of Commone, on the occasion to
which I have adverted, I have sanguine hopes that this
is an arrangement to which he will accede. But
whether this ought to be made a subject of legisla-
tion, with reference to future Musters of the Rolls,
may be considered in the Committee, when this Bill
shall have attained that stage. Another material
point to be kept in view is, the delay and confusion
arising from Counsel going from one Court to an-
ot!..er, and conducting causes in different Courts at
the same moment. The instant a Counsel closed
the last sentence of his opening speech in one Court,
and in one cause; and before, perhaps, he had time
to close it, he was summoned to another Court, and
called upon to engage in another cause, and so on,
backwards and forwards between them, so that it
was hardly possible that he could do justice to either,
The Gentlemen df the Bar, themselves, were im-
pressed with the inconvenience of this, and were
most anxious that a remedy should be applied ; and
much may be done in this way by the Court of
Chancery itself, and by the Benchers of the Inns, so
as to make this objectionable proceeding almost im-
practicable. Now, it may be said in answer to the
reasons which I have stated in favour of the adop-
tion of this plan—it may be said, that I am by this
method increasing the number of appeals ; and I ad-
mit this with the qualifications which I shall pre-
sently mention. But then, although you increase the
nuraber of appeals, you will enable the Lord Chan-
cellor to hear them. As matters at present stand, the
timecrthe Lord Chancellor is often so much occupied
in the hei:rirtg of motions, petitions, and other inter-
locutory pioceedings of that description, that he
cannot hear appeals when it would be highly de-
sirable that they should be heard. From the delay
in hearing the appeals arise motions, and then ap-
peals are made from the decisions on these motion=,
and etill further delays are occasioned, But if ap-
peals aria original causes could be heard when they
are ripe for hearing, then much time would be saved
that was now lost in the hearing motions; and if
the number of appeals increased, the saving on the'
one hand would balance the loss of time on the
other ; and if one Judge was not sufficient to hear
the appeals, then some such system might be adopted
as that which prevailed at common law, But then,
it may be said, that this will double the stages of
appeal. That inconvenience, however, exiats in
theory even now ; for there is an appeal from the
Vice-Chancellor to the Lord Chancellor, and from
the Lord Chancellor to the House of Lords, But
in practice little or no inconvenience arises from this
state of things ; for there are hardly, in the course
of the year, more than two appeals from the Court
of Chancery, and two from the Equity side of the
Exchequer; nor more than two writs of error from
the Courts of Common Law in England. The gri.e.at
majority of the appeals come from Scotland and
Ireland, especially from the former country, Another
eiectonstance connected with this subject is, the
state of the law business in the Privy Council. The
arrear theee is not great, even as the matter stands
but the appoiatment of this new Judge, fully
competent to elaiteose of the business in the
Privy Council, would eaeetually keep down the
arrear. This, my Lords, is the outline of the
plan which I now propose to
,your Lordships
for your approval. lam not bigotted to ley own
plan. My object is to facilitate the hearing pi
causes as soon as possible after they are ripe for
hearing ; and if any better plan for effectuating that
object can be proposed, let it be considered and
adopted ; but at present this is the most promising
plan that I have been able to devise. ft know that
some are of opinion that the evil might be remedied
in another way, and that was by detaching the bank-
allot system from the jurisdiction of the Lord Chan-