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London, England, 1821-05-31 00:00:00

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THURSDAY, MAY 31, 1821.

PARLIAMENTARY PROCEEDINGS.

bring in a Bill I. the purpose of licensing small Stills in Ire-
land to Wednesday next.
The Irish Securities Bill was read a third time, and passed. •
Mr. GOULBURN brought up certain Papers resp:•cting the
lonian Islands.—Laid on the table.
Sir G. CLERK brought up the Estimate of the Royal Nav*l
Asylum.—Laid on the table.
Mr. J. P. GRANT wished to know whether it was intended
next Session to bring the remainder of the Ti nher Duties before
the House?

HOUSE OF LORDS, MAY 50.

In the appeal the Marquis Cholmondeley v. Lord Clinton,
Mr. Bunts was heard in favour of the respoxient.—Further
proceedings on Friday. .
Mr. C and others, from the Commons, brought up the
London Wharfs' Regulation Bill.
—...

Sir H. PARNELL brought up the Irish Election Expenses Bill.
The Bills were severally read a first time.
The Jurors' Attendance Bill was read a third time and passed.
The Attornies and Solicitors' Regulation Bill went through
the Committee.

The Marquis of LA NSDOWN presented a Petition from
the County of Lanark in favour of Mr. Owen's Plan. The
Noble Lord at the same time stated that he gave no opinion of
his own on the subject.

Pitt. I.: SE\ EN-PENCR.

not now ask the House to do anything on the subject;
but merely call on Gentlemen to pledge themselves to
take it into consideration in the course of next Session.
He should propose, that the Court of Chancery should
be put on the same lUotiag as tile other Courts, that
there should be four Judges, and the Lord Chancel-
lor; that the offices of Vice-Chancellor and Master
niche Rolls should be abolished, and that there should

Mr. ROBINSON said, Government had no such intention. he no right Of Appeal except from e Court to the
--7-is -------
fi .."-
the
Air. J. P. GRANT said he would, next Session, biing the
House of Peers direct. To this Court he would leave
subject before the House.
ucdhaicncialellboirisinaelisstitoefhankrupt
Mr. W.
laelaivethtehej the Court. He would
SMITH said that, if Government did not moan to
do more as to relieving the Public front Extents 1., Aid, he should business, and
move some other measure in the next Session. leave hien Judge also of appeals in the Lords ; and
The CHANCELLOR of the EXCHEQUER said, that he
he should only be called on to decide in the Court of
was not aware of any ulterior measure on the subject.
EXTRA POST. . Chancery when the ((tor Judges differed in opinion.
Mr. WARRE said that yesterday, at nearly half- .
This would indeed give the right of appal from the
past one in the morning, a Bill, called the Extra Chancery to the Lords. At present, it was only an,
appeal from the Chancellor's undress-wig in one Court
Post Bill, was introduced into the Houss and read a
first time, and was ordered to be read a second time to his dress-wig in another Court—(laughter)—which
was in fact no appeal at all.—(Hear.)—He concluded
this day : now he had to object to this rapid mode of
by moving—" That the Ilcuse should, early in the
proceeding with an important public Bill. He con-
tended that the Bill ought not to he read to-day for next Session, take into consideration the present state
two reasons; first, because the Bill had not been of the High Court of Chancery in England, and also
printed; and secondly, because the correspondence of the Appellant Jurisdiction of the House of Peers,
with the General Post Office on the subject of this with a view to adopt such steps as• might tend to
Bill, was not yet before the Ilouse. He should there- facilitate the dispatch 'of business coming before
fore move, that the order for the second reading of the Court."
the Bill be discharged. The Marquis of LONDONDERRY said, the Ho-
Mr. LUSHINGTON said, the proper course for nourable Member had with courtesy and kindness
the Honourable Member would be to move the se- communicated to him his intention of proposing this
cond reading of this Bill on a future day, and that it Motion to the House. He was one of those indivi-
should in the meantime be printed. Ile should have duals who rather stood iii need of information, than
of one able to inform the house o n thissubject. One
no objection to the second reading for Monday.
After a few words from Mr. VVARRE and Mr. thing however he must say, and that was, that he
considered it impolitic for the House in one Session
LositiNGTOSI, in explanation, the second reading was
agreed to. The Bill is in the meantime to be printed. to pledge itself as to what it would do in the next.
As to the plan of the Hon. Member, it was a very
COURT OF CHANCERY. wide one; it went to nothing less than the entire dis-
Mr. M. A. TAYLOR then rose to call the oaten-
solution of the present Court of Chancery, the taking
tion of the House to the Court of Chancery, and the
the Chancellor from his connection with the State,
state of business as it rehlated
Ho to the depart
Member th en ment of Ap-
and the depriving the Cabinet of the legal advice
pellant Jsdiction. Thenrle
proceeded to take a review of the state of public busi-
and assistance of that high Law Officer. The Hon.
ness in that Court. In 1811, he had the good fortune Member also proposed to interfere with the Appellant
to obtain, by the casting vote of the Speaker, a Com-
Jurisdiction of the House of Lords, where an extra-
mittee to inquire into that subject ; from the Report ordinary progress had been made in getting down
of that Committee, it appeared that there were then the number of Appeals. Every one was ready to
acknowledge the talent of the Noble Lord who pre-
-334 appeals before the House of Lords, which could
not be disposed of in less than ten years. There were sided in the Court of Chancery ; and in expressing
106 original causes before the Chancellor, and 34 ap-
astonishment that the health of that eminent person
was eual to e fatiue he erwent,
peals for rehearings. To remedy the evil it was pro-
and esq
peciallyth to thug of theconstan last yeatlr.y und
He wouW
posed to appoint the Vice-Chancellor's Court ; this
again repeat his ignorance on this subject, and would
proposition he opposed, on the ground that as it was
content himself with expressing a hope that the Hon.
proposed to give a right of appeal from the Vice
Member would for the present withdraw his Motion,
Chancellor to the Lord Chancellor, it would oaly in-
till the House had all the information it was possible
crease the business; he proposed instead of this mea-
to obtain on the subject. Papers had been moved for,
sure, that there be a Coact of Appeal for Bankrupts,
which would require at least four months, as he was
the decision of which Court should be final, but he
was overruled; the Vice-Chancellor w informed, to prepare.
and appointed, Mr. M. A. TAYLOR said, he could not, for par-
and the result was, that instead of 36 or 37 appeals,
the number of appeals were no less than 116. And titular reasons, withdraw his Motion.
he would ask Gentlemen conversant with the busi-
The Marquis of LONDONDERRY said, he should
ness of Chancery, whether two days ever passed with.
then move, as an Amendment, the previous question.
out an appeal ? This was, perhaps, caused by the The ATTORNEY-GENERAL opposed the origi.
high reputation of the Chancellor; and was not de-
nal Motion; and defended the conduct of the Court
rogatory to the Vice-Chancellor ; it was not sitrpris-
of Chancery. There had not been a single cause set
ing that suitors should be desirous of having the de-
down in the paper during the last Term, which was
cision of the person who held the Great Seal. There not disposed of. His lion. and Learned Friend had
selected two cases, that of Brown v. De Tastes, and
were causes of appeal which had stood in the Chan-
cellor's paper ever since 1814, and in more than one the Attorney-General v. Fitzgerald; and said, these
had stood for many years ;and argued as if no cause
instance the parties finding they had no chance of an
ultimate hearing, at length agreed among themselves
set down subsequently to these cases had been dis-
posed of. But such seas not the case ; the causes in
and withdrew their cause. And one appeal, entered
question had been delayed by circumstances peculiar
the 14th of November, 1814, still stood 36 off a hear-
to themselves, whilst other cases had been .accele-
ing, and very few persons could ever get their causes
rated. He need hardly advert to the Queensberry
set down in the Chancellor's paper in less than a year
cases, set down only last year, and already disposed
and a half or two years. He will, in all probability,
be seven years before he gets a decision, and then, if of. The Hon. Member proceeded to defend the prac-
not satisfied, and he should go to the srds by ap-
tice of the present Court of Chancery, and to con-
peal, he will.be at least three years before he obtains demo the theory of the lien. Member who brought
their Lordships' judgment—making a space of mental forward this Motion.
Mr. LOCKHART contended that a Motion of In•
qui
anxiety, bodily labour, and heavy and ruinous ex-
ry could not p or an
pense of ten years continuance for himself. If pro-
Court of Chancer be an
y, or imonu tation
insult 'on the
the Noble and Learned
ceedings were instituted against him for £3,000 or
Lord who presides over that Court. The delay did
£4,000, he would rather pay the money at once than
go into Court. He knew an instance of a case in
not arise from that Noble Person, but from the me-
which a friend of his got a decision in his favour for chanism of the Court itself. All England knew it to
be true, that the greatest expenses were incurred in
property to the amount of £3,700, but not till after
he had paid expenses amounting to £3,000. In the Court of Chancery, even to the loss of all the
making these statements he brought no charge against property, and more than was contested.
Mr. Serjeant ONSLOW could not agree to the
either the Lord Chancellor or Vice-Chancellor ; they
Motion on the ground of delay in the proceedings of
did everything which able and honest individuals
the Court of Chancery. The previous question of the
could do ; it was not the men, but the system, which
Noble Lora. ought to be canned, because otherwise
he condemned. One great evil in the present system
w
was, that the delivery of the Great Seal to any in-
they ould be holding out to the country that the
dividual made him at once a Politician and a Judge. original formation of the Court of Chancery was
He was obliged to attend Cabinet Councils—to sit as erroneous.
Mr. W. SMITH said, that if suitors were indebted
Speaker of the House of Lords—and to discharge
various other duties; while, in fact, the Presiding to the peculiar ability of the Lord Chancellor for the
Judge of the Court of Chancery should be able to de-
expedition with which causes were disposed of, was
vote his whole attention to the business of the Court.
there a fitter time to take into considet ation the me-
The Honourable Member then proceeded to detail chanism of the Court itself, in order to its remedy ?
the various business which the Chancellor had to at-
No doubt, delays would be of no very material ill
tend to, and contended it was beyond the power of consequence if men could live a thousand years,
any man to go through with it. The care of the according to the old song :
" Could a man be secure
money of suitors, was of itself sufficient to occupy the That his life wuuld endure,
attention of one man, as would appear, when he As of old, for a thouiand long years !"
stated that, in 1766, the amount of money in the Under such
circumstances,
indeed, the delays in the
hands of the Accountant-General was £2,300,000. Court of Chancery would be harmless—hut, as hu.
In 1817, the sum amounted to noless than £33,300,000. man nature was at present constituted, they were a
He then proceeded to draw a parallel between the source of extraordinary oppression to individuals.
state of business in the Court at the periods when the m
r..i n.i 1 . 'TAYLOR explained. Ile was not
;
Great Seal was in commission, and at the presentsuitor in Chancery ; for he wool,' give every farthing
ct
time; and said, it appeared, that previous to break-, he was worth before
he would go into the Court at
ing up the last Commission the Commissioners were ! all, lie would venture to
.1),, that the average of
engaged in deciding the first cause standing in the the Appeals before the Court of Chancery Was of
paper. Ile contended that tho Court of Chancery ' f.Jor .
years standing. He wished to keep the Lord
should be put upon the same footing as other Courts Ch •
iancellor clear of political duties, which kept _ him
of Law, and the right of appeal from one Judge to f his judicial' •
from functions. The House divided.
another should be done away. The Honourable Gen- i
1 For the original Motion - - - as
tleman then proceeded to complain of the evils which, Against it
existed in the several offices of the Court of taking . Majority --4
excessive fees, an evil which Lord Eldon, with. his LORD REGISTRAR OF SCOTLAND.
honourable and expanded mind, would not permit to The Marquis of LONDONDERRY said, it had
exist had he time to look into the subject. Ile would , been asked what was to be done With the office of