The Statesman.
London, England, 1823-06-05 00:00:00


Mem. not 'get _ _ ly.
• year 1813, when a Bill wasintredered In that !Muse
with a view' to give relief to the Court of Chineery
frost the gent arcurnalation of •huliness, the Noble
Margate'', who then held the place which the Right Hon•
sllietleman now filled, said that the Citurt of Exeltegner
was the only Court by Us 'nature end coottrue lon cepa-
. ble of agfosapg tilled' to Courts of Equity. He deslrell
the House to observe.what relief that Court was, by its
resent coustruction. capable of rendering.—ln autumn
last, when the Gentlemen of the profession returned to
town, the Chief Bowe of that Court was obliged-to be
absent through indisposition. His dety but of terms
and occasionally in term, was to sit apart from the other
Barons of that Court. mita bear tapes ih erluity. When
be eta interrupted in that duty, would tlie Hoose believe
trio wbous the hdsiness devolved ? It devolved ou the,
' teertby Boon Graham, who was upwards of eighty years'
efigv. And then Mr. Baron Darrow was also absent from
ledtsposition. The other place was then tilled by a Judge
whose practice was not of that sort to enable him to preside
,t is equity • but that place was afterwards tilled by a
. hearted iriend of hie (Mr. Baron Hillock), whom it was'
Impossible to employ without advantage to the suitors.
hat the state of that Court in imam"' proved that there
wore rather canes of the accumulation of equity business,
and that the fault did not entirely ntirely lie in its constriction.
There was another Court, with the exception of that of
the Vice-Chancellor's, which was a handmaid to the Court
of the Lord Chanreitur,—be meant the Court of the
•Ilaster of the Bolls, in which there could be no collision
nor confusion of business, because it sat ata time different •
Irons the hours of the rath.r•Cmirts of Equity. fie 011 ler-
. stood that since Si' William Grant—than whom, without
reception, t.,ere was not a better-ledge—wired from that
. Court, there was a falling off of-goer-fifths of the business
of that Court; end he was told that not one-fifth,—no,
nor one-tenth of efficient business was done there as in the
time of that excellent Judge towhona he alinded. Sir
William. Grant, besides the &nines. and decision with
which expedited hostnese, did not at out in the enjoy-
*tent of office till he was iricepacitated by age and In-
, firmiti.tc;bat retired with all his honours still blooming
upon hsjun, even before any one could suspr;ct suldi an in-
• tuitions The 4r-emulation of arrears of business in those,
luita did noParise solely from the construction of them.'
It was know a that within a few years a !lilt was passed
to allow the other Judges in the Exchequer to sit in
the absence of the Chief Baron. There. was then an
smear of one hundred End seventy rinses, and so
tr Wit the proceeding with think that they Atli,
dropped out of the paper, in et:A*94olmo fir the
Vire...ti Certainty tbdt they would Int heard. 'A fresh
Legiagatire measure was required at prefent,;:•prac-
firal pereens should he called before a Committee
.ggY the lidose, and seined opinione 'should be taken.
It was thus the /louse should legislate, and not leigisipte
*rat and collect information and opinions after, Those'
delays, which afforded ao mach cause ofjnot coMplaiet,
were not confined to one Court, bat were found to per-
vaded.a three he had- mentioned, and the House was
• bmed to Umpire liscl.examine. The Scotch Appeals,
which Were so frequent, and so much in Wear, were also
to support of hie 'notion. From ISM to the year 1823, the
onmberof those appeals from Scotland to the Home bf
• herds 'here, were 2ls. of which fig were ,affirased, fit,
were reversed, and the remaining 60 were remired to
the Court below for reconsideration. it appeared that
the number of appeals from Scotland entered in the
;house of Lords, wen to the appeals in Enelautl, in the,
yreptirti..n of five tootle. That, in his opinion, furnished
etrosg grounds for i equirvinto the Courts of other coml.
besides those of England. ;The evil may not net be
Constitution of the Court only. mere was a
- in their books for going into an inquiry
for the other House of Parliament. In
otetnents ••1 ere outdo for tberopriety of
Lords, whin the lion. Member for Car-
. Taylor,) and the Right Hon. Oentternaa
as well as a late lamented friend (Sir S.
effect of the instltetidn of the Vie; Chan-
,as stated by the Right Hon. Gentleman,.
&tilde hearing of all conies. lilt late IS-
I said, that its effect would be to give the
Ilor leisure, by sending down the cause to
• to see wheat would be there said on it:
himself, then a member of that
, ; all in vain, for the Honse did legislate
lave to Ipgi-late egain. That Bill did
Ale mischief. If the House were not
again canght in the snare, by depending
edge of the other House, niter such mischief,
;islate after cause shown, and after informs-
from their own Committee. • Let them pro-,
ordinary rules, and by common Seine, to see
disease, and what the nature of that dim
,n all that he had said, he. was 111WOUS to,
allusion to any person interested ; and he con-
nosing, that a Select Committee he appointed
the arrears of business in the Court of Chan-

the appellant jurisdiction of the House of
causes thereof. •
'sing been seconded, and. put from the
181-qENERAL said he should be able
imputations thrown one egiiinst the
by his Hue. and Learned I. rieo.l were
lie laboured cinder a great error in
jii.ncellor's Court. At the time when
establishment of the' latter Court was in-
. that House, it was dearly stated that the
:hancery had increased so mad), that it was
the Lord Chancellor to get thrOugh it;.
Iblishment of a separate .Court became
let • y. A great diderence of opinion
exit on the subject, and after many
was carried by a considerable majority
ills Hun. and 1.4 d Friend hail as.
as a useless Court, and prov.is-d that
...uonestishould be perforated by owe t. uancellor,
n.ileultirosrss the shrift! to go t`irougli it in a
4. 'thins manner than had hitherto been the
47bio, he contended, wad a most unfounded
ofilturrst the Noble sod Leirtikt Lord tvho
utythat Court ; and be (the At'ornry Gene.
• eted the Ostler from which his Leaned.
tiloisoCbad in:rived the infiumatioe on triwth be found.
. id hist•hargcs, and he atioultrpres • it to be ettioplote:y
a. Before his Hutt. and Learned Freud had ,
•~j forward such serious charges es these, it a ould
n its wire than an agtUf fairness to the hob!,
Leatred Lord to have given due notice-of the native
AP4irta.mothrait as welt as of the alterges. As to what
11114.041Lielehe great arrear of causes, he should prove
0411411oenritt net one of them that had been set down
lovitstiridg meta than two terse; sod the sime might
.lesild of every other Court irt Wootfoiniter 11411,

THE-3T
ads: tleakiektreinie ites us-
' • and wash ilitiat theervenerable pews'
osmium of the Isfireaitiei of Age be drclartroi
public.? As to the supposed dilatoriness of '
Chascellat, he Gould State. that in the eo,urie of I
yokes steel tbi setablishreeet, of the Vier
Uoiwcibis Loa Chancellor had beard 13501
'75 PiYas end declaimers; /981,
; and 4,468 cense petitions which the
bad alluded to, The average anautint of be-
done by the Lord Chancellor in eackyear,
150 hinkispt petitions, 250 1;4410 pitiii•
ts,44socattie petitions. and 47 ispis. in the
s had been heard bcfOre the Uri Oita'
;riot Itelitiona, and 966 by the ViceMints'
the Lord Chancellor bad beard 103 led
'Aloe 449. Di-ing theshist year the Lord-
, beard 164, and the Viswaincellor 463. And
_ number of petitions Weird by both Conde since
ISI3. was 5,00. His Hon. anti Learned Friend was quits
mistaken in !raying that the effect °kite ViceeChancellor's
Court was that of hearing the same ceases twice over;
Mr missy causes after being heard by the Lord Chancel.
hir were referred Co bite again. The cause of Howard
and Gibbs, for installer, had undergone several beatings.
And as to causes decided is the Viee-Chancellor's Court
beingbeetled up for a second hearing before the Lord
Chancellor, his Learned Friend seemed to forget that
the same thing had long before the establishment of toe
Vice-Chancellor's Court, been done in regard to causes
that had come before the Master of the Rolls, and the
consequence of such appeals to the Lord Chancellor was
highly beneficial to suitors. because by that means it
happened that so very fewappeals cane before the House
of Lords. The number of causes decided in the Vice-
Chancellor's Court since its establishment; amounted to
2,832, and the appeals to the Lord Chancellor from that
Court were not more in proportion than those which had
goose from the Master of the Rolls. Now he would put
kto any Centleman in the House, after the statemeuta
he had just made, whether it was possible that all those
causes could have been heard and decided by the Vice-
Chancellor alone ; whether he could have gone through
all the business that had come before the Vice-Chancel-
lor's Court, in addition to what had bees done in hie
own Court? No such assertion could be maintained. No
man therefore could say that the buainess of Chancery
was not greatly relieved by the establishment of the Vice
Chancellor's Court. The latter Court had greatly relieved
the suitors ; and therefore it was not a Court for causing
two hearings of the seine causes. The business of Chan-
cery was so much increased, that the number of bills bad
doubled since the establishment of the Vice Chancellor's
Court; and this great qaantity of business had been dis-
posed of. As to the case of Browne and Do 'Tenet, it
I had been originally disposed of by the Master of the
Rolls, when Mr. De Tenet was fixed with. 63,0801. The
result being unfavourable to him, Mr. Do Tanta finally
appteded to. the Lord Chancellor. The case was before
that evened most strenuously before the Vice-Chancellor,
andthe Lord Chancellor ultimately approved of the ori-
ginal decision given by the Master of the Rolls • and the
case remained still to be finally decided. With regard
to the case of Bellingham and Bromley. it was one of
very great importance' in Which the Lord Chancellor
doubted the propriety of the decision of the Court of
King's Bench and no imputation could lie against the
Lord Chancellor for baring delayed his fiord judgment I
in a case thvt involved so many important aatiatteicate
questions. The great accumulation of expense; *at 116 t
pernliar to the Court of Chancery: such charges were'
made by solicitors for their attendances in other Courts t
and as to what his .Learned Friend had said of 14001,
being charged for attendances one bill, the chaege for
attendances was in fact no more than 1001. ; but the ex.
onset' sheath* the whole WI were delivered in by the I
solicitor at 10001., and they were reduced by the Master
to about 56W., eauf•the attendances farmed only a small
part of the bill of ceps. He considered its most unfair
thing to charge the Lord Chancellor with giving a
decision in favour of one patty belated the back of
another, without notice. This was the first time any
Iss-
Rotatiott was thrown out ntainst the uprightness of.
that Noble Lord's decisions, sad he could assert
that there was no foundatiOn for %tech a charge.—
Such an imputation was sever befog* made;_ and if any
aotice had been given that this charge Would be made, he
was confident it could be fully refuted. After making
these charges against the Conrtof Chancery his Learned
Friend next made an attack against the Coat of Bache-
quer, awl the only ground oo which he could sustain
that attack was, a temporary absence of the Lord Chief
Heron, from indisposition. There was not say arrears
of business io that Court in consequence of the exertions
of the ,Learned Lord. As to the remarks on the age of
the Learned Judges, they were uncalled for and none.'
cessary. Two of the Judges were withdrawn from the
Court by a temporary illness for a short time, and it was
very unfair to think for that reason they should retire
altogether. The • absence of the Vice-Cliancellor was
also spoken of, bat there was no public iaconvenience or
arrear of business in his Court. The subject of Scotch
Appeals was at present before the House of Lords withal
view of expediting them, and giiing the Lord Cliancel
for more time to attend to his Conrt It was well known
that all cases in Scotland came is the 'shape of appeals.
The eases now in course of betting before the Vice-
Chancellor were set down within the last 'term and the
term before. The Honourable and Learned Oentleman
failed to slow that there was an arrear of business in the
Court and consequently did not mak, out a case for the
interference of. the House. Seeing that there was no
imputation of an of eases lo the Court, and that
the subject of Scotch Aspens was before the House of
Lords, he would sit down with a determination to vale
against the motion as unnecessary..
Mr. M. A. TAYLOR said, be was aware that the hour at
which they debated the question was late, but still It was a
question worthy the attention of Gentleseen. lie was notc
however, to be deterred by the lateness of the hour from
saying there never was a ease more deserving of the consi-
deration of the House than the motion of his' Hon, and
Learned Friend. With respect to the eminent person who
presided in the Court of Chancery, there could be but one
opinion on the subject of his talents and amiable manners,
but he was free to state his opinion 'whether that Learned
Josege did exercise the functions of his Court with advantage
to the public. lie moved this very question in 1811. Mr.
Percival opposed it, and It was carried against him. Hewes
told lie must no censure a great and illustrious Individual, sad
he lost the motion by ninety vote!. lie was told that Lord
Eldon hinted to the Govereasent that if his question was
earried,the Noble and Learned Lord would hold the-Seals no
longer.—(A laugh.) Ile thought, noteithatand'ng that fact,
that the inquiry might be carried on without censuring the
Lord Chancelior. In Lord Londonderry's time be lost
a motion oar the subject by a small majority. Flo was
told at the same time he must not be surprised; the
Coal Chancellor was the Dead of the Goseroa•ent, and
if he gave up the seats there would be an end of the
Admiuistration. fte mentioned trig to she* the Colossus
they had to contend with. No man could deny that delay a
had oteurre4 in the Court of Chancery. The CRS@ of
Brown r. De Thiel was pet In the paper of the Court of
Chancery in 1811, and it Was not out motif 1821. Did hey
titan get out of the Court of Chancery without delay
and expense? It was the universal execration of every
San who got into that Court that he was ruined. Was
net that tt.,und for enquiry. There were causes in that
Court which 'hail stood for thirty years .which might
hate been decidedin twenty dare. Where was no mode
of jfkltiag ont of that court but by death or infancy.
wilt -resort to the Viee-Chancellor's. Court, suitors
vent feuds Court to leers and incurred double expense,
Thesfaele difficulty in the Committee of the Ilonse of
Lords Was said to whether they could retain the I
Weal Keeper of the Seals. in. that House and get rid of
Scotch appeals. Those appeals laail,not inc eased own

ATESMAN

rhea in Isll. Tins 0e11.1601. Met ecu4a4. and it •
clear the delays is tliercoare of Chancery revs
amendment. In Lord. Herdwieke's time as maey•Bils
wee, Med within a. hundred *sat the present in-
quiry was propoeed at that time, and why Should. it set
take. place at the present day. The question enshimma
the interest of one third of the property of the country.
A person who had a property of 20001. at Islington, get
into Chancery, and for his 20001. he got no more then
7001. The suitors in that Court were robbed. What
eweld a man get by a law-suit of fourteen years That
lekport was destructive and es-lea; every man in Ent•
lead looked upow it with horror, as a nuisance. The
other day he proposed reference in a ramie, the party
leipplied to said "No, I will not agree toreference, and
II sou do not consent to my term., I'll hang yen up for
twenty yearn in the Conrt of Chatmery."—Here Mr.
?Wm called for a candle to rein! a case. The ciredm
at occasioned some mirth. He exclaimed what is
upert to goose is death to others. Mr. Taylor read the
fireless of a Chancery suit, in which a person who re.
silted extortion was kept in a state of suspense for maayl
years. 'Fite Hon. Member concluded by voting for the
motion.
Mr. DENMAN said, that as this wai a most important
question, and he observed that Hon. Gentlemen on the
other aide bad been busily engaged in taking notes, be
wished the House to have the benefit of them. He
therefore, moved that the debate be adjourned to this
day.
The question was then put, and the gallery cleared for
a division when them appeared—
Fite the Adjournment, 59; Against it, 120; Majo-
rity, 61.
Whilst strangers were excluded, we understood Mr. H.
G. BENNET moved that the debate be adjourned to
Friday; on which the House divided, when there ap-
peared—
Ares, 49 ; Noes, 133; Majority, 84.
Afterwards we understood Mr. JONES moved that the
debate be adjourned for six months; and on oar return
to the gallery we found
Mr. M. A. TAYLOR on his legs deprecating inch a
mode of proceeding as most unsatisfactory to the public,
and injurious to the fame of the Noble and Learned
Lord who presided in the Court of Chancery.
Mr. W.COURTENAY said, it was nut the wish of
any person on that side of the House to avoid the fullest
discussion of the qeestion, and he would request his
Hon. Friend behind hint to withdraw his motiun, in
order that the ottportunity might be afforded.
Mr. JONES expressed his reatkiness to withdraw his
motion, in conformity to the wish of his Hon. and
Learned Friend.
The question was then again put for adjourning the
defeat, to this day, which was agreed to.
The other Orders of the Day were disposed of, and the
House adjourned at Half-past One o'Clock.
•
COL.RT OF KING'S BENCH, JeNli 4. •
LATHAM AND OTHERS V. RUTLET.
This was an action against the defendant, as a isas.'
mon carrier, to recover the value of a parcel of hank notes.,
amounting to 2000/,remitted by the plaintiffs, bankers{,
at Dover, to Messrs. Hoare and Bartlett, their corre-
spondents in London, but lost in its passage. At the
talel before the Lord thief Justice, at the London Sit.
dugs after last Hilary Term, the plaintiff bad a verdict;
with liberty to the defendant to move to enter a nom*,
' on the ground of a variance between the decltra.ion
the evidence. The declaration Pet forth the contract, as
a contract safely to deliver ; is evidence it appeared that
the contract was to deliver, fire and robbery excepted.--t
The ides took place, as was supposed, by robbery, ens
I the question was,, whether the plaintiffs were bound t.
set forth the proviso in the contract.
The Canal., after bearing the Soctcrroa-tieretteat.,
Mr. DENMAN, and Mr. KATE, against the role; and
stopping Mr.Sc %MATT, on the other side; were of opi•
nion that the variance was fatal, and therefore made the
hale absolute for a Nonsuit.
TUE NINO V. DOLBY.
This case was called on in the new trial paper; but
the record, upon which the objections arose, not being
in Court, the case was postponed until a future day.
THE RING V. ALDRIDGE AND ANOTHER.
The Souctrott•Gemettet. moved to make the role
which he had obtained on a formenday absolute for re-
storing the nisi prins record and the postea, which the
defendants, having been convicted of keeping a common
gaming-house, colluded with toe prosecutor to withdraw.
f lin Crown now wished to perfect the recard, and call
up the defendants for judgment.
No cause WAS shown against the rule; which was ac-
cordingly made absolute.

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'b"-'each about tai Merit 'oftline ittiewdeiceif be hoped to . which doesejwil
be permitted to conclude that cape, by
_saying, that the able to attend; a
*tree for those attendances amelhnted to 1,0101. aid should onaccontt
upwards,—(slurneurs.) He world not mar, anti own- before the public.
• meet on the tit:cum:ileac.. of One solicitor altentllnti the the Lord Chaser:
Lard Chaniellor so i•fted withotit + pressnce of any the last Ara ye*
'other person interested in the cauw. He left their nwe Chancellor's Cos
concha's:oos to Hon. Members ott that point. Bet, what encepiens; 1471
poi be that powerful f.laeistrate's sense of his owe dip. 16,500 motions;
aity, when be endured from a solicitor such a letter as floe. Oentleman I
shat.which be bad read,' by which it appeared that his sinew which was 4
a Lordship was a suitor in his own Courr,, and an OtaPiti we, as follows: 1,
(in its Latin signifitnihm)' of time. Whit., be would ons, 560 motions,
ask, must be his Lordship's sense of his vent, dignity year 1820, there
Isbell he could endure such a,letter ? It would nest be rellor 136 bankri
ct" hli duty—his nwielcome and ungracious duty., to advert -Mellor, 1 n 1821.
to two other Courts in reference to the accumulation of the Vice ChanCel
'fleshless in equity. Its was aware that fur this, phrt of Chancellor beard
his task he would not get credit. trim any bodi. the the total numbei

• ymmartivn of live to on
Mem% grounds, for int'q
tries bmides those of E
Is the Constitution of
• standing order in thei
' 'without waiting for th
1813 the same statetnet
'Waiting for the Lord.,
isim (M r.-0/1. A. Taylc
(Mr. Canning), as wel
gloutilly). The effect
•tellor's Court, as atilt
would be the double h
,niented friend said, tin
• &ant Oraneellor leisur
AVother Court, to set
• Vice Chancellor
,'Mollie, opposed it ; all
Ist in order to have tc
;produce incalculable
miolved to be again c
girths knowledge of el
')et them legislate aft'
Awl derive I from their
• 'aid bt the ordinary r
..Inhere be any disease,
miss wu. In all that
.afraid any allusion to a
'Aided by moving, tba
Saiamdre into the acre;
F, , and into the app'
and the causes t
'Motion having
r,
Pm ATTORNEY.(
*Ow that the imp
eattitarf Chancery by
tefoondeil, and that• hi
-NSW to the l'ice-Ch.
•ihs Sill lee the estahlit
'tnniseen into that Hot
•indbects of Chancery !
eirsiide for the Lou
that the establisbn
' ,rpensably cm••
4 at the buts exist of
ira the Sill was c
t Soar. Ms HL
41MIMitatthis mks a a
'III Ail ashlers should
. • lid aliteld poserss thi
!Wilt Wieeditious man