Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-11-29

ter mode of proceeding 10 investigating and determining
of alleged unacy: the second was the bankruptcy
courts BILL which had passed their Lordshps house last
night and had gone the Commons The object Of the
present bill TO Introduce greater certainty precision,
and dispatch in certain proceedings In the Court Of Chan
cery and he would state the principal heads of the pro-
visions OF the bill In few words as possible One great
cause Of delay expense, and uncertainty in the conduct
OF causes in of equity arose hi the proceedings in
tho Offices of the masters The great bulk of causes
there considered and questions OF title and very i'm
and nice point, Of Jaw Were oien discussed and
prepared and drawn up in the shape Of aepor laid
before the Keeper Of the Great Seal the Vice Chance
lor the Master Of the Rolls, the might be-
The great bulk of the delay and expence in the Of
Chancery causes reteabe the practice in that Of
hce He had proceeded in regard to this bill in the
he had done IN regard to the bankruptcy courts
BILL He had drawn up his plan and laid it before the
most eminent and experienced practitioners in the equity
had the benefit of their asstance and
suit was tho bill which he was about to present
their lorlships This bill however he was aware, would
not be altogether efficient; but he thought It better
FIRST only 10 this length and 10 be rather too limited
than too Extensive and rash in his amendments He there
FORE thought safest carry the reform further than
was here dono Tor the present He proposed that the
masters should sit during the day, and in the evenings
prepare the preliminary portions of the proceedings and
The reports, and that then they should sit in the public
courts three In cach TO dispose OF objections TO the reports
report which finally settled and determined up
in the office of of the masters and BY him
the Keeper of the Great Seal the Vice
Master of the Rolls would thus be openly reviewed by the
three masters sitting court who would hear and dis
pose OF objections either repelng them yielding them
the opportunity of taking exceptions TO the report before
the Lord Chancellor Vice Chancellor Master ofthe RoS
nthe they had now the opportunity except
TO the report when settled by master alone in his office
and presented TO the higher tribunal without review From
this regulation lie anticipated the beneficial =
suits, for he persuaded that in nine out Of ten
he might say in ninety mine out OF hundred
the exceptions which before the higher tbu-
nal would be disposed of objections TAKEN discussed and
disposed of in the Masters Court The change had
for its object particularly introduce greater certainty in
to the evidence by having the examinations taken
instead having them taken by nterrogatocs the
present practice set of nteogatorcs drawn up, and
string of questions each without any reference the
the previous question: which the parties
rcy in the dark and crossnerrogatorics also after
dawnu for party who could possibly know an of the
the examination In chief He wished he could
have introduced the mode of taking the evidence
openly in the presence Of the which decide
on the cause. But that stride which he not
prepared 10 take in the first instance but what he proposed
TO do was at least great step towards rational and
Ineligible mode of taking the evidence, 1t was however
liable 10 the objection that Judge officer examined the
Witnesses while another judge would hear and decide the
But if this plan should he found succeed aud 10
work WELL he had doubt butt would then they might
proceed TO further improvement and give the Court of
Chancery power 10 try issues of fact in the
other tribunals that the evidence would be taken
the presence OF the judge rtho determine the
cause There were other provisions i'll the BILL which he
would not detail at present.