The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1850-07-23 00:00:00

CHANCERY PROCEEDINGS.-EXCELLENT
AMENDMENT OF THE LAW.

Several excellent amendments have recently been made
in the practice both of the common law and equity courts,
but we are not aware that any of more importance to the
public have been effected than are detailed in the following
letter, with a sight of which we have been favoured by a
gentleman in this town. The expenses attendant on the
application referred to in the letter will not be a tithe of
what they have hitherto been, and the tedious delay always
unavoidable to tho present time on such occasions will
be altogether obviated.
NEW CHANCERY PRACTICE. 13TH AND 14TH VICT.

CAP. 35.

It has long been felt to be a great evil that where parties
required the decision of the Court of Chancery on the
construction of a deed or will, it could not be obtained
without the formality of a suit, and the delay and expense
of taking a variety of accounts, which no one required,
and making numerous enquiries for the purpose of satis-
fying the court that there really was property on which to
adjudicate, and that all persons who might, by any pos-
sibility ever have an interest in it were parties to the suit,
such accounts and enquiries resulting frequently in the
subject matter of the suit being swallowed up in costs.
To remedy, in some measure, this evil, an act has recently
passed to which I beg to call your attention, the object of
which is to enable parties, desirous of doing so, to obtain
the decision of the court on the matter really in issue
between them, without being forced to incur the expense
of useless accounts and enquiries ; and to effect this
object, the act provides that parties interested in any
question as to the construction of any act of parliament,
will, deed, or any instrument in writing, or any question
of title to property contracted to be sold, or any other
matter falling within the jurisdiction of the Court of
Chancery, except matters in bankruptcy, may concur in
stating a special case which is to be heard by the court,
and on which the court may declare the rights of the
parties, without proceeding to make any order for relief;
and every such declaration is to be of equal force with a
decree in binding the rights of the parties, and to afford
complete protection to all trustees and executors acting
upon it. l t also provides for the better security of exe-
cutors, by enabling them, at any time after twelve months
from the death of their testators, to obtain by a motion,
of course a reference to the master, to take an account of
the debts and liabilities of their testators, on which the
master will report, and after payment of the debts found
due by the master, the executor may apply the assets ac-
cording to the directions of the will without any liability
from any proceedings to bs taken by any other creditor.
This is a most valuable provision ; for, as the law stood,
until the passing of this act, an executor could never
be sure that he was safe in dealing with the assets; and
now a very cheap and simple mode is provided, by which
he will obtain a complete indemnity. There are no com-
pulsory clauses in this act, and persons fond of a tedious
and expensive suit, may still indulge their taste ; but to
persons desirous of settling their disputes cheaply and
expeditiously, the act is a great boon, as it enables them,
at a comparatively trifling expense of money and of time,
to obtain a decision on the question in dispute, and
that alone leaving them to carry out the decision without
having recourse to the expensive and dilatory machinery of
the court.