Star.
London, England, 1828-02-13 00:00:00

the labours of the Chancery Commission; but, havirr
read it through with all the attention which it met itea.
he thought the Hon. Member had not dealt f.irly by it.
It should not be forgotten, that the duties assigned t 5
the Commissioners was of a limited nature, and thee.

fore they were precluded from entering upon matter:,
which he would not deny to be of considei able import.
ace. Had they bees- aottotifectio go fulfiller; grit

labours might be more owlet; end they might bee, eut
up the evils complained of by the roots. In fact, their
report admitted the necessity of great improvement in
the Court of Chancery; and, there were some of theq
recommendations which, if adopted, would lead to
mach practical utility. The mode in which bills
mere dismissed was highly objectionable, especially
In cases where there was a want of prosecutor. Firsts
there was a delay of three quarters of a year, and then
in filing the replication (which amounted to nothing)
another three quarters of a year were also obtained; sa
that, its fact, a delay of two years might be interposed
before a bill under such circumstances could be dis:
missed ; whereas, if the cause was 44 speeded with effect,'`
as recommended by the Report, this delay could Ist
avoided. The arrangement with respect to Appetit
was now very bad, and by way of amendment, it was
proposed that all Appeals from the Vice Chancellor's
Court should either go before the Chancellor or the
House of Peers—but not as at present, before both
tribunals. The Hon. Member seemed to think that the
Lord Chancellor only meant to issue a few orders, but
he (Mr. Ferguson) could not believe it, as they could,
not remedy abuses in the system, and could only have
for their object the regulation of the practice of the•
Court. He objected also to the present system of fist
applying to the Court of Chancery for leave to take de.
positions from foreign pans, when their evidence was
required in matters of common law ; and he suggested
that all such motions should be made at the common
law side of the Court. Many other considerations
pressed themselves upon him here ; but he would not
trouble the House at any length. But he begged lease
to say, that if witnesses in Chancery were examined
viva voce, as in the Courts of Common Law, instead of
by interrogatories as at present, a very great improve.
meat would be effected. . That this might be done he
verily believed—he had the authority of Mr. Metriral
against the antiquated doctrines of Lord Itedesda4,
that it could be done; but then, he added, that the
whole constitution of the Court should be -shred
before it could be beneficially introduced. The Com-
missioners could not go into that subject, though
it would have been desirahle to have had their opinion
on so important a subject. It appeared from report,
and from many Honourable Members' statements in
that House, that the three Chancery Judges were not ,
adequate to the discharge of the duties imposed upon
them. The Lord Chancellor should have aid afforded
him, for he (Mr. Ferguson) was satisfied the time would
come when, from the increase of commerce, the transfer
of property, and matters arising out of them, that the
Chancellor would have enough to do with appeals_
He should personally sit to hear them, untrammelled
by an attendance in Cabinet Councils, or any med. ,
dling with politics. If a Irian went into the House
of Lords, and saw the manner in which they were
disposed of, he would be surprised and. shocked,
although they must admit the great. care and the
dispatch with which.the Lord Chancellor when present
disposed of them. It was ridiculous to see two old
Lords, hallo sleep, lending their assistance to him.-Any
thing else might have been there as well ; and be
hoped that with respect to all appeals from Scotland,
they would be left entirely to the Lord Chancellor,
with whose- decisions only could the public then be
satisfied. As the hearings were now managed, the,
never knew how the law really was. Sometimes she
Chief Baron presided—sometimes the Lord Chancellor
—one day, one thing was law--another day, another;
se that the profession were thrown into a state of the
utmost doubt and annoyance. He hoped the Loud
Chancellor would amend this state of things, for a
more active, intelligent, industrious, and attentive Judge
to the arguments of Counsel, he neve- met with than
that Noble and Learned Lord. The practice, ai it
had existed, was scandalous and unseemly ; and he
trusted for the future that the Lord Chancellor would
be relieved from politics, and those other matters whidi
were a source of embarrassment to him, and tended
in a great degree to the delay and defeat of justice.—
It
was said, that the number of causes had greatly
encreased since 1811 ; but before any censure was pro-
flounced against the Judges for arrears, the period of
their commencement should be ascertained.
Mr. Seeretary PEEL did not rise to prolong a die
cussion, which be thought unnecessary, as no oppose
tion was offered to the motion of the Hon: Iblfealber
(Mr. M. A. Taylor). There was no wish forays), con.
cealment on the subject; but he thought the Howe
should wait to see what the orders issued by the Lord
Chancellor were before they pronounced any judgment
upon them. .It was said that the Noble and Learned
Lord intended to abandon the recommendations of the ,
Report ; but se far was that Irons the case, that he in.
timated his intention. of issuing forty or fifty orders,
which it would be necessary to see, before they could
come to any decision. The Report of the Commission
had been much censored; but as it was likely that the
subject would be often again before the House, and as
they had now very important business to be considered. !
he thought it would be better to attend to that thaa
to revive discussions, which only extended to abusieg
the supposed errors of the Commissioners. For
his own part, be thought the mixture of person'
in the Commission was a source of advantage;
and he also thought that if none but Chancery-Practi-
tioners had been appointed upon it, a greater outcry
would be raised against it than there was at present.—
If that were not so. they would no doubt bear it asked
why no Learned Civilians—no able Common Law
Lawyers were called in to lend their assistance? but
now that they had been, and that all had devoted great
talent and great industry to the task imposed upon
them, their Report was designated as little better than
so much waste paper. There were some topics touched
upon by the Honourable Member who spoke last, which
required the most mature consideration. The policy of
divesting the Lord Chancellor of his political character
was matter for important consideration ; and he could
not now enter upon the question, whether it would be
fitting to call for the advice of any other person in what
was called the Cabinet than that person who was at the
head of the Law Courts in this country ? Again, as to the
separation of cases of Bankruptcy, that was Also a subject
of importance which could not be disposed of without
much reflection, and one on which be would not now '
venture to offer any hasty opinion. He was happy.
however, that no new Commission was to be moved for.
It was admitted that the-business of the Court of Chaa•
cery was by far too much for any one man to get
through—and he hoped he would be pardoned in just
saying, that such an admission folly acquitteder Noble
and Learned Friend of his, against whom so many
charges had formerly been made. The impression then
generally was, that there was a personal something in
the Lord Chancellor which disabled him from fully dip