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

issued
.(roin the Crown for inquiring into thetourt of further directions. It was again referred to the Master
Chancery. A report was made, but up to the present, to ascertain who 5 ere the children of the testator's half
dor there was no vestige of any thing having been -hepliew, and the matter remained yet undecided, though
done upon it. It was put two. Bills *ere brought in abetill had been filed 41849. He should not bedisiosed
by the present Chancellor, but it way.,*e possible they t 6 west hereafter to Comiatissioners. Hew was tidiest
could have any effect. The ChanceltOrseid Ire would commission marshalled ?, He was left out of it; and
consult him upon the subject, but up to the p: esent hour why.? Because it was known that he was endeavouring
be bad not heard a word upon it. Thei-ernseusow told to unravel the system. They. would have nothing to
that the provisions of these kills wire, tobek.prriedintsi do with that woublesorniq litigious person, Michael
effect by order of Court. So that, in 1828, after all Angelo Taylor—(A laugh). Two Honourable Gentle-
that had been said and done,tlie Lord Chancellor avows man who sat on his side of the House, one however on
'lyis opinion, that there was no necessity for confirming a neutral seat (Mr. R. Smith), were appointed Mem-
by Act of Parliament the provisions of the Bills he in: berg of the Commission. Both, it was true, able men.
troduced. The late Lord Chancellor,- upon whom he There could not be a more worthy individual than his
*cant no reflection, for he did not think there was a Hon. Friend (Mr. R. Smith), but his practice as se
'seeater lawyer existing, found the arrears pressing lawyer bad been confined to India, and he knew no
heavily upon him. If that Noble Lord happened to be mote about the Court of Chancery than he (Mr. Tay. i
in the Court of King's Bench with three other Judge*, kr) did of commanding a fleet of twenty sail of the line.
he would find himself under the
.e. ecessiey of speedily Lord Eldon never took the Chair while the Commission
coming to a decision; arid the inca'rreniences of delay, sat, but still he had no doubtahat the great object of
so much complained of, would V felt. Pieced, how. the Commission was to exonerate the Noble and Learned.
ever, inChancery, and being frequentlydrawn off to other Lord from all the blame of delay, end to throw it upon'
business, not connected with iris duties as a Judge, the other causes. He had no hesitation in saying that two-
note book was necessarily often closed, and the judg. thirds of the report originated in the suggestions of the
ment delayed until perhaps the grounds on which it late Chancellor. With respect to the principles on which
was to be formed were partly forgotten. He had no the Court of Chancery ought to proceed, he should
doubt that, in most cases, had the Noble Lot d given appeal to one of the greatest authorities this country
his judgment on the first imptession, it would have been had produced; he meant Lord Bacon. The passage to
correct. Lord Eldon finding the business pressing too which he referred was to be found in his works, and
bald on him, proposed the erection of the Vice Chu,• was spoken by him in his capacity of Lord Keeper or
cellor's Court. This he (Mr. T.) opposed, and suggested Lord Chancellor, when, as had been usual in those days,
that Bankruptcy should be given to a separate jurisdie. he addressed the great personages who accompanied
tion. The Vice Chancellor's Court, however, was erected, him, at the commencement of Term. Herethe Hon.
and not that alone, but a Speaker of the House of Lords Gentleman read the passage, stating various points to
was appointed, which, it was said, would enable the which, according to the charge of his Majesty the Lord
Chancel:or to devote three days more to the business of Keeper was to direct his attention, Among the rest
the Court. Now, what was gained by this? He would that he was to confine the jurisdiction of the Court
state to the House what the situation of the Court was within its true limits, and to prevent all unnecessary
before these changes, and whit it was now. In 1811 delay of justice. Well might 44 the fainting of the
there stood in the paper 114 causes, Se appeals, five re.. soul" be seen in the ruins of individuals who were forced
bearings, 59 pleas and demurrers, altogether 213. At into that Court for the recovery of their rights. It was
present there were 326 causes, 44 further hearings, 13 only to look at the costly exactions which were there
pleas and demurrers, 49 re-hearings and issues. So that practised, and to see that a remedy was loudly called
in place of 213, there were now 526 questions to be for. In fact he thought it might be taken as a fair
disposed of. He was therefore justified in saying, that average, that a man litigating his right—supposing it
the country bad gained nothing by these alterations.— to be in funds in the Court, and the sum to be 9.0001.
And what was the reason of this? Because the Judge it was quite certain, he said, that even in so plain a
case he would not get more than 3,5001. He never
was a political Judge—because he was connected well
-
party, and thus his attention was necessarily drawn o wished to view this question as one of a party na
ff
L
from the business of the Coale—(4w!) He abhorred tore ; but he asked if the public voice throughout
the Empire did not call for a Reform in the Court of
a political Judge. The business of the Colin could never
be carried on beneficially for the public until they had a Chancery ? It was said, that no Petitions were pre-
Judge unconnected with the political advisers of the
rented on the subject; very true—there were none; batl
if he had condescended to seek them, he could procure
Croat; n. He would give the House a proof of this. Some
years agrewhile he was at the Bar, the Great Seal was put as many a; would load the table of the House. He
wished the public- to judge for themselves; and while'
in Commission. The Lord Chief Justice Eyre, than whom
the country could not boast of a more able man, Mr. he said this, he could not but regret the little assistance
Justice Wilson and another Learned Judge were the he had received in this house for the last seventeen or
Commissioners. The business of the Court went on eighteen years that he had brought this question before
rapily while the Great Seal continued in Commission. their notice. Lord Bacon, in speaking of the necessity
of administering a speedy justice, ' said, he would him.
When it was about to be taken out of Commission, Iris
Majesty asked what business remained still to be done ? self set the example; and, how happy would it be if
—arid the answer of Chief Justice Eyre was, that if his others in our days had acted on the same principle.—
Majesty's order for taking the seal out of commission Justice, he contended, was delayed from year to year,
had extended only an hour further, from half past two and that at a tremendous cost to the unfortunate suitors.
to half past three, no part of the business of the Court Fresh justice, again said Lord Bacon, was always the
sweetest ; but it had been ro delayed in our rime, that it
would have remained undispesed of. As it was, there
was neither fresh nor sweet. Neither should it be for-
remained only one Commission of Bankruptcy. IVhen
Lo d Loughborough was subsequently in the Commis.
gotten that the British people were now heavily taxed,
aion, with two other Judges, not a single cause was and that they paid dearly for the privilege of being free.
cotered that was not disposed of next morning. When, Then he said, let him at least have that justice which is his
however, Lord Loughborough himself got the Seals, right. That Government which refuses it acts dishonestly,
the Court fell rapidly into heavy arrear. It was impos-
and the Carte that by delaying may be said to refuse,
sible to remedy the evil otherwise than by separating
should be cleansed as speedily as possible. As to the
the Chancellor entirely from politics, or appointing one Report of the Commissioners, he looked upOn it as so
or two other Judges. Let the Judge, however, do what much waste paper—it was a farce—a mockery—an in..
suit to common sense. It was violating the first prin.
he might as the Court was at present constituted, it
ciple of Magna Charts, which said, Nal vendeftems,
*might be abused for the purpose of harassing any indi-
, multi ftegabineus, ftulli dilferemus justitienn wet rectum.
*dual. .He would mention one case to :hew bow this
:might bedone. It was that of Fermin, Detastat, and Yet he again repeated, that when justice was delayed,
it was denied, and to such an extent the great Charter
Lopez. The case was seat before the Chancellor to be
w
heard by petition. The petition was sent back to be was grossly violated. But the worst of it was, that
amended. Then came a re-hearing, a supplemental while justice was thus delayed, the parties were ruined;
and what was the silly answer to this delay ? Wiry,
-Antenelnsent, and a re-amended supplemental. In 1816
the action was commenced. In 1819 application was that the suitors had better wait half a dozen years for
made to stay the trial which had been ordered. The a good decree, than risk a bad one at an earlier period.
He feared he had already tired the House—(Hear,
application was refused, to the indignation of the
defendant's solicitor, who said, that he would keep it hear)—but he wished to ask one plain question—was
the state of the Court of Chancery suckahaeit ought
in Court for ten years, and that it should never be
to be continued as it is ? In his opinion it viii not ; and
finished during the life of his opponent, or until such
time as he was ruined. The cause, its fact, was still in if the cases of bankruptcy were separated from it, he
Court. In 1819 -a bill was filed, consisting of 566 folios. thought it would be a most desirable relief. They were
On the 27th October following, the bill was ordered to not originally within the jurisdiction of the Great Seal,
be amended. In November following, there was ano- but superadded to it by statute. The cases of bank-
ruptcy had greatly multiplied lance the year 1811.—
in on the 10th November. There was subsequently an Cher amendment Bill of 602 folios. An answer was put
In that year the number was two hundred—now they
order for amending the answer. On the 4th December *mounted to four hundred and fifty ;and as the Learned
M
two answers were filed, and after that there were tyro Member for Winchelsea had said in that leminous speech
supplemental Bills, altogether consisting of not less than which every one must have heard with rapture,
1497 folios. In July, 1821, a supplemental Bill was If adequate Judges were not provided while the public
filed, and in 1824 another supplemental Bill ; and by business encreased, it was evident that the public must
whom was this last filed? by a dead man—(A laugh). sustain signal damage. That Learned Gentleman
Why by a dead man? Because some time must pass recommended the separatiou of the bankruptcy causes
to ascertain that he was dead. He was known to be from the Chancellor's jurisdiction, bat -he would not'
consent to it. He wished his Majesty's Ministers would-
dead ; but, said the plaintiff 's Solicitor, though known
to be dead, he shall still live in my Bill. The cause had take up this subject—they had the means of collecting
been now in Court for ten years, and yet this Solicitor ample information—they had the Law Officers to con-
was not struck off the rolls—(Hear).—lt might be
suit, and it was their bounden duty to see that justice
supposed by Gentlemen not acquainted with the practice was not delayed nor denied to his Majesty's subjects.
of the Court that when a cause had been heard there
He would gladly lend them his humble assistance if it
were
was an end of it :no such thing—it was then only be. called for; but supported or unsupported he was
g ally heard.inning. It was on further directions that a cause was
The practice was to send the cause to yeardetermined never to give up the subject. Year alum
he was determined to lay the state of the Court of
r
the Master, for the purpose of ascertaining the facts, Chancery before the House, and thereby to enable the
and there it might remain for months.- His Learned different Members to form their own 'judgment upon
Friend, who now filled the situation of Master of the its abuses--(Hear, hear). He thanked the House for
Rolls, when first he was appointed Vice Chancel-
the patience with which they had heard him, and con-
tor, endeavoured to expedite the proceedings. Yet eluded by moving for Returns of all the Re.hearings
-
with all his dispatch, the further directions did not and Appeals before the Lord Chancellor and Vice
Chancellor, set down for Hilary Term; also the number
come before him until after nine months or more. Sup-
of pleas and demurrers of Bankrupt Petitions, and how
pose a legacy were left to a person who could ill affoi d
to wait long for it ; if there were no opposition he might disposed of; and of all further directions and ie-hearings
receive it in a year, or a year and a half, but an execu-
before the Master of the Rolls.
tor might, if so disposed, keep him out of it for seven The SOLICITOR GENERAL said be had no ob-
e
or eight years. Suppose a testator died, leaving a wife iction to grant the fullest information upon the subject.
with four or five children, and charging his estate with The House could come to no sound judgment without
the payment of his debts, eight years might pass before having the fullest details, and then measures might be
the widow and children could receive a maintenance. adopted, and reform carried on which would really
This was a matter of common occurrence. Were the prove beneficial to the public. He therefore readily
Master to make a separate report, they might get some acquiesced in the motion of his Honourable and Learned
provision, otherwise not. The same was the case when Friend.
legacies were left to different individuals, for nothing Mr. FERGUSON considered that the House and the
could be done until the Master reported as to the suffi. country were greatly indebted to the Honourable Mem-
ciency of the funds left by the testator. There was a bet for the exertions, though unsuccessful, which he
charity case now in Court, that of Green and Jackson, had made upon this very important subject. But while
in which he would venture to say no decision could be he said so, he by no means coincided with all the views
obtained until 1833. In 1819, John Chapman died, and opinions which the Honourable Member had taken,
leaving various legacies to certain charities. In the and offered to their notice. He could not consent to
same year a bill was filed by tie heir at law. The the separation of bankruptcy cases from the jurisdiction
trustees and executors had funds in their hands. In of the Great Seal, involving as they did so many
g
1820 the bill was amended, and subpoenas ordered by great commercial interests. Mercantile men attached
the Court to rejoin issue. In 1822 it was referred to great importance to that part of the administration of
the law, and they would not feel satisfied if the highest
the Master to inquire who the heirs were. la 1823 the
cause was heard on further ditections. It *as again ro. Law Officer in the State had not the disposal of such eases.
lerred to the Master in 1824) and in 1833 set down for The Hon. Member had spoken in very slighting terms of