Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-10-28
BRITISH COURT OF CHANCERY.

i LoNroN, Sept l.
The Lord Chancellor (NIr. Brougham) having sat last
night til he cleared the paper Of petitions in bankrupt
cy Cat half past nne down at the usual hour this
morning TO deliver the judgments which he had pre-
pared in those matters which had been are adv heard
His Lordshp, after pronouncDg those judgments, said.
"lt great satisfaction to me- in takngsmy leave OF
the Bar, and Of the sui,ors TO know that have been
able to dispose OF all the arrears OF the business OF this
court, and that there appeals unhearj and Pc
titions unanswered-no causes now unheard except
those that are not ready, and which have been put
upon the files OF the court subsequent to last June. II
is very great relief TO the court-it will be very
great relief the Bar will be very great relief
professional men as know it will be very great relief
to the sutors for them feel that they shall have
business hcnceforward regularly going on not encum-
bered by and having their minds oppressed
with the harrassng prospect Of getting through
their business. In the Of next term the benefit
OF all this will be felt and it will be found tina, the time
has been well bestowed which we have been lately
cupyng, though il may have pressed hard upon the
Bar upon suors and upon other professional men, who
have been auxiously attending the court 1t has press
ed hard also on the court, but have been willing to
bear that pressure, knowing well that the public will
feel the full benefit next term II was said to a great
man, the most illusrous OF all my predecessors. that
he allowed the pressure of business upon him TO be
more than he could bear; which he replied the duties
OF "litc n ore than e,'-memorable words, 10 be
had in everlasting remembrance by all men who
their country. The kindness and attention have
received from the Bar such to require my
grateful Acknowledgements, which now respectfully Of
Ter. | beg leave to add that have now the most
ssnguine hopes Of being able to relieve his Honour
the Vice Chancellor from hearing the greater part Of
such causes as have been heard by him since lSl3.-
The appeals which have 81 posed Of within these few
months have been 100; 03 of those have beto fully
argued aad de i.d-indeed all o. hem, except Miller
o. Travers, which Stand, foe the opinion OF tie two
Judges who a'rssied m 10 it 6nd the time rken
10 the arguments upon ,he apo-a,-,he average time
being ssverh hours to each ,ws thai every o.
them were ea'es OF importance aud tina, there has boon
no short cause head by way Of app al before This
has been The cause OF 'he eng Of Inns thai been
occupied in getting through ID, TO- and heavy
-he arresr OF yea.'. Waen laok into his Ua,eoen,
ind also hat in the proportion OF six 10 four, or o
three to two, are the number o. app ais ON bis He
nour the Vice Ch,useilo-, TO those ming rjm his III
the Master The RoIs arising, no doubt from The
great number Of cau,e, decided n The Vse Coausel-
l,'s Coar', ard rom thai circumstances ony. 1t 10
clear therefor, hat at Last itrse months OF tn, i'm. OF
'his court would have been entirely saved h arrange
ment could have been made, witch (foTeseeiny Ii
prorouudsd, but un'ucee sfn'ly propou nded when l
came into the court. l thought that every cause
| which was ei her OF sons imporiaucs 10 point OF
value. or Difficult y, in poin, OF law OF lac, hat
e'ms before 'heir Honours the Master Of the Rolls,
and tbs Vies-Chsnsellor, amos, nevilaby foand il.
"ay here by spPea'i aad generally, criain'y in
the majority OF case,, only led to sron exp.nse, grea.
deay ana gta insonv i'nc', whether there should
DO an u imre attn name, 'eversI. l psopos ed
therefore, tina, al Of dif ,ui,y and npor,suce
10 pc nj OF value, om the law applying 10 the p
should at once be ransferced here and by me- a,
thereby the Inevitable app al would BE- averted.
event has usbed my prospective conjecture, and leads
me ow I, run the plan W ch shall certainly adopt
namely, that o. ansertng at on,e The bulk OF nv
business into ihis Court. Such result long ago
|
Samuel X m'iy-a most venerable name--u was the
opinion oil Sir John l. ash, then noe mb.r OF Parlia-
men,, aud Of many others, thu, the er'e lon Of
for his Ho3Gur he Vice-Chan seller would have
among o'her thing, he effect OF increasng litigation
and that OF business VIII sh did t5en exist in
Chsnsery, would be adJsd TO the bus ness CT the Court
How far that soI jssture has been proved by expert.
enee, must be vsibe to all men, since 81 out Of the
| los conesed appeals were from his III nor the Vice
Cnane,l!o and which had aken up ,hres mon h,
'ent ''oo'ieu'' aud expeniive suendAncs TO al tho
parties ronsrned. IT, bowtvsr ibis nj can
be made, whsh look forward confidently to a;som.
psbing, shall then d>en o bs my duty TO rive
TO tbs 'ui'or hs fall bspe in all d, :ul, aud mpor-
AMI ea'es. Ii this cannon bs done by hs law a, l.
now stands, trust the legislature will as. ms in
ehee,ing IT, My opinion Is, that il b, done houi
altering or adtiug 10 the law as IL stands Ih,ve
The power at present to ask for the attendance
know no, why should moi have tho power of asking
to be asted by ho Pfe,encs the Mi,,er Of ,he Rolls
| and Vice Chancellor when nee s'iiy gnr-s-Oh.t
Chanceilo's have bad the Matters OF the Ro Is s or
them when absent; have never required that, end /
frost never sha but ibink may have the assist
anse OF shei Hoccurs on hsarog eauses Of sxraotdi
nary dihcsly and impor anee. The hulk OF The Gaze.
dat are appsa,ed from not OF binary dificu-
y or importance, bur in all OF that elias, the sutton
snail have the ben, t OF the other Equity Judge, being
percent TDtre are two or three branches OF jpdisa-
tufe 10 which he presence of three Judges 10 mimi civ
better Thar that OF one frat, when c,iog fact.
to be discussed, conf citing evidence to bs ard;
Jury /, his b. st forum Tor suci ease. single Judge
IS perhaps 'he wofs; bu, three men, with minds va.
riou'y constituted, are much more likely % to
The nexii, whers any hing ks disre ion 10 be
ercfed either In awarding damage, or 9 yiog what
cost, are TO be paid, which is often very o,
not untfe queny dffisul, and delicate nqury ss 100
many eases brought and kept merely for Inc sake
OF the costs Tae duly OF the judge th.re 10 some what
like that OF assessing damages and in the exercise Of
such discretion, II 10 bet 70 have ,hree Judges hsu
ono. Last OF all, where there great and diff suit
aud important points OF law and equity be set led IL
much more satisfactory 10 sui;oIs, and TO he probes.
'on which euliivaes the Sciences have batIiw con-
sdered and settled ty more Judges shap one. These
then, are the when principally me
10 the adoption OF the resolution have formed But
a, The same time tia, stop the great bulk OF buiuess
goog before his Honour the Vics Chanc silor, shall
Dol deem u necessary to recomme nd else where iba
Court though in The So year of George H. /, was tx.
pscted II would end 10. getting through the arrears
Though we have now g)t through the arrears 7 do no
yet see my way 10 tbat wbish an uli mate result
must he deemed highly dssirsb'e. His Honor the
Nj aser Of hS Rolls |, supe a, 10 the spes.
dy accomplishment OF IL than an-bu, s,ill do not
shut out from my mind the ndulg OF the hope that
may SEQ us erm'Daiio0 al very distant period
Asiong, howSvsr as that court thal continue 10 ex.
49, 'ball entesvof 10 avail myself, in ali ficu AID
imP'f,an, eases OF the a''s'aDss OF that leausd
Seeiicn', and able Judge ia his sousi. have said
thus much, b.ssu'o bought IL FL before term q lting
BUSINESS, 10 let tbs profession know IL AZ no 10, no.
Thug hat bad imposed ,hem the bar Iship. of these
long snd Phnul Hiipg siiiog,, however, no much
ls'er-ohiy Two days later--hsn Lord Eden b,s sat,
for he having sat TO the 20 day Of A. gust / nave
sal only two days oDgr. Al the same tine | admit
thai though have ga only dayg Iser Than usus
ySt have sst ma hours In ,hs course Of the
day, and am aware OF ihs em6srrasmsp,s end in
cJn9eDisnces that ,his may have eausef:-I am no
however, aware that its tendency has been IN ahtdge
Arguments 10 any sase, for am sure hsvs sndsav y,
e 10 show as much pasnce any man soolJ DOS q -
tina, nigh not indicate the slightest indspo. inon 70