Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-10-27
LApouRs OF rue LORD cHANcEf.r.oR


LABoURS OF THE LORD CHANCELLOR |
Court Of Ckancery, Sept. l.
The Lord Chancellor came down to Court this
morning at O'Clock, and delivered Judgment in fivo
APP zeal cases. Alter which has Lordship inquired
if any gentleman the blr had any thing to novel
On being answcroi il tho negative,
His Lordshp addressed tho Counsel present TO
the following effect: After an unusually protractcd
sitting it gives the greatest satisfaction in stat
Ing that there is only appeal which has been
heard before me in which have not given judy
ment. There are likewise ono or two other causes
not decide l. mean those heard the other day be-
fore and the Lord Chief Justice Tinda and Mr..
Justice I.tilcalc and i'll those the Learned Judges
have not made up their minds Tn only cause,
therefore, which remains undecided, as lar as am
concerned. ths of Smith v. Storkcy and that
is involved III much doubt, and of such vast I'm
purtance that it would i'll become me, Judge in
Equity, for the vain and idle boast saying that no
was left undecided, rashly to make up my
mind. | shall, however, in that case, give ludg-
mont baforo the next tcrm.-It must, continued
his LordshiP, be great satisfaction To me, TO tie
Bar an! to the suors of the Court that there is
business undecided. There is not single cause
ready for hearing, but what has bcen heard and de-
cdcd. There has not been single petition pre-
| s>ntei but what has heon answered In short, I
may say, that the whole business of the Court is
concluded This must bo great relief to the Court
| and the Bar. as / know from a long experience,
that when any Court has long of business,
the greatest Inconvenience must cnsuc. The hone
hts oil the situation stand in Will DO felt
and appreciated next term. Il will be found that
the labour and attendance of Counsel, up to this
time, will bc well repaid. was equally w:t.. ell
my learned Predecessors, very unwilling to impose
such an arduous duty Counsel. felt that the
| eHcrion must he too much; for those engaged IN
professional pursuits, particularly such Judges
OF tho land have more duties to perform than they
arc well able TO bear. l have to thank the
Bar Tor the kindness and attention have received
II feel most grateful for the assistance have re-
ceivcd-and feel most sangunc, that I shall be a.
BILE to carry into effect the arrangements con
template respecting the Vice Chancolors Court. l
shall 10 able to hear all tho business that has been
set down In that Conrt, and undecided since 1880.
Since came to the Seals there have been 100 az
peals lodged, of which number los have been
heard aud decided, and the average of them ocgu-
pied IN hearing about eight hours. Every one of
them was of Importance. There has not been Il
single shor, Now, these appeals arc in tho
proportion of SIX to four from the Vice -Chanccl-
ors, as compared with those from the Rolls. have
noticed THAI almost every of difficult, has
found its way from the Vice Chancellor's Court
into this; and think this is suificcn: to show tina,
II possible 1t would re advisable to dispense with
tiliS branch of Equity Jurisdiction. 1t was the opi-
MON of Sir Samuel Romily and Sir John Lea CHI,
who WAS then Member of the Legislature thai tho
creation of another irt for the Vcc-C CHANCELLOR
would increase lit cation, and add materially to the
business i'll Chancery. They we'll borne out in
this opinion, when the fact shows that GA out of los
! OF his IiunouT's decisions were appealed from |
am not, however, prepared TO say that could at
once recommend the abolition OF this Court; but
| certainly hope 20 make arrangement that will
do away with much litigation and save expense |
shall propose that all cases of difficulty set down
for hearing before the Vicc=Chanccllor be transfer
red TO tins Court; and then will obtain the assist
ance of tho Master of the Rolls and the Vice Chan
ceior, on tho hearing of them, 10 sit with me; end
| think II must always be more satisfactory TO sui
tors to have decision come to by three Judges than
one in Tact, jury in such cases is the best tri-
buaal, and single Judge is the worst Three
Judges are III all cases, better than one and their
decisions must be more satisfactory to the Bar TO
sultors and to tho public. / do not, however as
before said, see that can any early period re-
commend the abolition of the Eice-C hancelors
Court. The Master of the Rolls rs more ssnnripe
on the point than am; but trust in yyn,f 7 h.,
stated about that Court, that have mo- ,lsiru,+cd
any thing IN dIsparagcment of tho T.n"-.~-..
cnt, honorable and anablc Judge that r-asacs over
I. In conclusion, have only to say, mat on the
close OF these long stings, have OF y continued
them two days logger than Lord Edon On one oc-
caSon did. 1t was only duty, however, / unwII-
ingy imposed the Bar to keep them so long
but ;ho course have adopted will ultimately be of
great benefit to the profession and the public
II Will raise the character of the Courts Of Justice
particularly the character of this Court which has
long been charged by natives we'll as foreigners
from its delays, TO be any thing but Court of Equ
" L have now, only TO add, that | must remain
III London for several weeks; SHALL therefore, de-
vote one day in every week to hearing of motions
that are pressing. And let me entreat of suitors
not to wait for the attendance of any particular
Counsel but to take such Counsel as remain IN
London, many of whom will do so, who from my
own knowledge, are gentlemen of great learning
and ability shall sit at 9 o'clock every Saturday
morning and will take any motion that the parties
consent to be heard. Every other day in the week,
! shall IS. in the House Of Lords to hear appeals
at has a ways been complained that there were no
sIttngs in vacation, which, by all suitors has been
considered necessary for the pure admnislr ration of
justice have, therefore, provided gainst such
complaint in future.
His LordshPt hcr bowed-to the Bar and left the
Court at half past twelve.