The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1833-07-16 00:00:00

LAW REFORMS.

The Loan CHANCELLOR said it would be recollected that, in
consequence of a bill which he had introduced in the last session
of Parliament, a great number of sinecure places connected with
various courts had been done away with. The annual expense
of those Places had been £17,600. Some of these offices had
become vacant, and others would, on and after the 15th August,
cease to exist. It would be necessary that some provision
should be made for the individuals now holding those situations;
that, however, would require a money bill, and must, therefore,
be introduced in the other house. In consequence of the deci-
sion of their lordships with respect to the Local Jurisdiction Bill
on Tuesday last,—a decision which he greatly regretted on every
ground, public and private,—it was no longer necessary for him
to delay bringing in one or two important measures, which
would not have been called for if the bill to which he alluded
had been carried. He should now state what those measures
were. Their lordships would recollect that an ecclesiastical
commission, formed of the judges of the ecclesiastical courts, a
most able and learned body of men, had been appointed to in-
quire into the constitution of these courts. That commission
had reported about a year ago ;-and, according to the recommend-
ations of the commissioners, heliad some time ago framed several
bills. He had not brought them forward at an earlier period, be-
cause he was anxious,_ in the first instance, to see what progress
would be made in the Local Courts Bill. The recommendation of
the commissioners had been adopted in one most essential point,—
namely, in abolishing a number of minor ecclesiastical courts.
A vast number of courts of that description—not less, he believed,
than 310—were scattered over different parts of the country, se-
veral of them having a jurisdiction over a large, and some over
a small, district. In several instances, the jurisdiction extended
over only a single parish or two. That being the case, the house
would see the expediency of attending to the recommendation
of the commissioners, which was to transfer the jurisdiction of
those courts—the Bishops' Peculiar Courts—to the diocesan
courts. He knew this change would be attended with some in-
convenience, inasmuch as it would be necessary to do certain
acts at a distance from the homes of the parties concerned; but
that could not be avoided. If, however, the Local Courts Bill
had passed, no such difficulty would have existed. On the recom-
menclatiou of the commissioners no less than nine bills were ori-
ginally founde.d. It had, however, been thought better that the
whole of those bills should be consolidated into one measure.
Now that the Local Courts Bill had failed in its progress through
that house, he would not say a single word on the subject of its
provisions, but he would briefly state the objects of the bill he
was then about to submit to their consideration. In the first
place, the bill abolished the Bishops' Peculiar Courts, and, made
other changes of equal importance. According to the recom-
mendation of the commissioners, it deprived the ecclesiastical
courts of all criminal jurisdiction, and declared that offences of
a criminal nature should, in future, be treated as misdemeanours,
punishable by indictment. It regulated the powers of sequestra-
tion in the manner suggested by the commissioners. The defects
of the ecclesiastical jurisdiction exercised by the heads of the
church over clerks who misconducted themselves had long been
complained of. It was only necessary for him, in stating that
fact, to allude to one or two cases, which must be fresh in their
lordships' remembrance, which had travelled through the whole
of those courts, and even up to that house. To obviate the recur-
rence of such an evil, provision was made in the bill, conform-
ably with the recommendation of the commissioners. Various
most important regulations with respect to the choice of church-
wardens were also adopted in the bill. He had not considered
this part of the subject very minutely, and therefore had not
completely made up his mind with respect to it; but as the
recommendation came from such very high authority, it was
worthy of the serious attention of their lordships. Provision
was also made in the bill for the amendment of the law relating
to the dilapidation and waste of church property. Perhaps,
however, the most important provision contained in the bill was
that which amended the law concerning the proof of wills with
respect to real as well as personal property. It gave him great
satisfaction, although he deeply regretted the loss of the mea-
sure to which he had already alluded, that there was no longer
any reason for delaying the introduction of the present bill.
The noble and learned lord concluded by moving that the bill
be read a first time.

The Marquis of WESTMEATH said that this bill only com-
prised a very small part of the recommendation of the commis-
sioners with respect to the ecclesiastical courts, and it would
not, in his opinion, effect much good.
The LORD CHANCELLOR said that there was not one point of
the recommendation of the commissioners with respect to the
ecclesiastical courts that was not dealt with in the nine bills

which had now been compressed into the single measure before
their lordships.

The Bishop of LINCOLN expressed the great satisfaction he
felt at the introduction of this measure.—Read a first time.

The Loan CHANCELLOR said he had now to bring forward
another bill, which had been suspended in the hope that the
legislature would adopt a salutary measure that had been intro-
duced to the other house by a learned friend of his. A year
ago' he had expressed a wish that a concurrent jurisdiction
should be given to the Bankruptcy Court in cases of insolvency.
It bad been supposed when the Court of Review was first estab-
lished that it would be greatly over-worked, whereas the fact
was that it was under-worked, and the judges had much time
upon their hands. Now, it would be found extremely beneficial
if that time was devoted to the disposal of insolvency cases.
Complaints had been made that during the long vacation, a
period of six weeks, unfortunate persons confined for debt were
precluded from obtaining their liberty. Now, though the com-
missioners went the circuit three times a year, their labours
were confined to England, and it was desirable that they should
proceed to Wales. The present bill would provide for both
these points. So long as there was a chance of the Local Ju-
risdiction Bill being passed, lie did not feel any desire to inter-
fere with the system, because that bill would effect every object
that he had in view. But that measure having been lost, he
thought it was necessary to propose the present bill, which
would give concurrent jurisdiction in cases of insolvency to two
puisne judges of the Court of Review. He hoped that this
measure would be only a temporary one, because there was a
bill brought into the other house of Parliament by the Solici-
tor-General, which he hoped would be carried, and which would
render this measure unnecessary. As, however, this bill was
at present suspended, he.thought it fit to propose this measure.
After a few words from-Lord Ellenborough, the bill was read
a first time.
The Loan CHANCELLOR said he held in his hand a bill which
had been introduced in the last session of Parliament. He al-
luded to the bill for establishing a court of appeal in the Court
of Chancery for the benefit of suitors in that court. The bill
Croposed that the Court of Appeal should consist of the Lord
hancellor, the Master of the Rolls, the Vice-Chancellor, a
Baron of the Exchequer, together with another judge, to be ap-
pointed to assist in the Court of Chancery. There would then
be a Court of Appeal ready to sit at all times, and to administer
speedy justice It would not be an appeal from one judge to
one judge, but to several judges. It was intended by the bill to
appoint a chief judge in equity, preserving, however, to the
Lord Chancellor his political functions, his ministerial functions,
his functions as a judge of that house in cases of appeal to their
lordships, and also his fuctions as a judge in the Privy Council.
It also provided that his judicial functions in the Court of Chan-
cery should be exercised whenever it was necessary; and it
also provided that he should still continue to have jurisdiction
in cases of lunacy. This change would leave the Chancellor
very nearly the same labour as was required by the office at
present, although he would be relieved in some respects from
particular duty. With respect to the salary of the additional
judge, it could be provided for without imposing any additional
burden on the public. The salary of the Chief Justice of the
Court of King's Bench, which was formerly £lO,OOO a-year,
had been reduced t0.£8,000. The salary of the Chief Justice
of the Common Peas had been reduced to £7,000 a-year. Now,
he thought that the salary of th. 3 Master of Rolls, on the resig-
nation or death of the individual now holding it, should be re-
duced from £7,000 a-year to the same amount as the Vice-
Chancellor's. Here then would be a considerable saving.—
When it was proposed last year to fix the salary of the Lord
Chancellor at £14,000 he had stated his opinion that £lO,OOO
a-year was sufficient. But if this new judge were appointed,
the Chancellor's labours would be in some degree diminished,
and he thought that £B,OOO would be an ample salary. Here,
then, would be sufficient to make up for the salary of the new
judge. He then moved that the bill be read a first time. •
Lord ELLENBOROUGH said the noble and learned lord ought
not to forget, when he proposed lowering the salaries of judges,
that the emoluments of barristers were now much higher than
they formerly were. He, therefore, could not approve of any
system of economy that was likely to deprive the country of the
services of learned and able men.

The LOanouA SICELLOR agreed with the noble lord that no
policy could be worse than that of paying the judges inade-
quately. That part of the measure to which the noble lord bad
alluded called for and should receive, the utmost attention.—
Read a firstlime.

THELLUSSON'S ESTATE BILL.

On the motion of the Earl of HA anowaY,Ahe petitions rela-
tive to this bill which were presented yesterday evening were
ordered to be printed, and a copy of the will of the late Mr.
Thellusson was ordered to be laid on the table.—Adjourned.