The statements that are m...
The Times, 1824-04-21T00:00:00

The statements that are made with respect tfo the Court of Chancery and its proceedings, will rather tend to con- firm than to abate the public conviction of the necessity of a reform of that Court. It is acknowledged that the in- crease of wealth in the country dloes not create a corres- ponding or proportionate increase of business, intasmuch as a cause respecting a property of 100,0001. need not be tmore comrplicatedl than one upon a property of a tenthl of that amount. However, to all attempts to pal- liate the evils resulting from the present practice of the C(ourt, there is one answer-those evils, however felt by the cotnmunjity, seem not to have moved the sympathy of the Judge, and the mischicf might and wouldl have pro- ceeded to an interminable extent, if the nation had not at last been roused by the sense of its present magnitude. The correctioii which it is now attempted or professed to apply, proceeds from without, and not frotn within the Court: and this, we aver, is a great reflection upon its constitutioll. Little boots it to say that the present LoRD Cni&NCELLOR has decidel snore c-auses, or has decided thein more justly, than hiis prefdeeessors in office. apologies of this kind are always offired on the detection of abuses. If a cause could be conceivet admitting of a speedy decision, it would be one of' that natuire wlhich is called anmicable; anid yet we learn,from a little pamphlet senit to us, that the followving is the dilatory anid expensive process through which such a cause has been allowsed to pass:- " A greet part of the time of the Court is now occupied in hearing causes, in wbich all parties are agreed as to the facts, and nmerely wish to obtain the direction of the Court on sorne doubtful point of law arising out of those facts.Sometin-es all parties are perfectly ami- cable, and would readily leave the question to the decision of an ar- bitrator, if it were in their power; but by reason of the interven- tion of married women, or of infants, wvhose interests are involved, thley are unable so to do. At otlhers, no such difficulty occurs ; but the parties, without being hostile to eaclh other in the orlinary sense of the word, still prefer the opinion of the Court to that of a private individual. In the former case there is no alternative; the parties must necessarily institute a suit : and in both cases a suit, if insti- tuted, must be conducted with themamne forimialities, and at tcle samie expense, as if it were adverse. "To put a very commnion instance. A man dies, leaving a dloabt ful and contradictory will. The existence of the will is disputed by nobody ; but oven the ablest lawyers cannot agree as to the correct interpretation of it. Married women and infantslade interestsinder it: the executors decline acting without the di-ection of the Court, and an amicable suit in consequence becomles necessary. A solicitor is einployed, who acts tbr all parties, and a bill i% filed. To this bill as many different answers are put in as there are conflicting interests under the will. If the answers contained invariably distinct state- ments of the claims of the different parties, there would be somc. thing to urge in support of this part of the proceeding: but the fact is far otherwise. In the case of infants alusiost universally, in other cases very generally, the answer simply claimns such bene- fits as the party may be found entitled to. Still, however, as the interests oftthc vatiotis parties differ,separateanswers mustbeputits. If the testator'sheirbe an infant,andtle will disposcs of real property, the answers tnust be replied to, and witnesses examined to prove the will. Rules ntust be given to pass publicataon, and the cause be set down for hearing in the regular way. After a lapse of some niouths perlsaps, or longer, fromu the time of its being set down, it cotmes on to be heard. Double Court-fees at the least are paid. Two copies of the isinutes of the decree, and two copiea of the decree it- self, niuht be taken. If a reference to the Alaster be directed, wihich is commonly the case for sine parposeor other,and astateoffactsb2 carried in, a copvof thc state of facts is charged to the plaintids, and a copy of the report to both parties. In short, aU the way through, two bills of costs are made out, one for plaintiffes and another for de- fendants, althoutgh the same solicitor transacts the whole business. Nor can this be avoided, accordingto the practice of the Court as now established. lf tle olicitor is obliged to go thsough the routine of a defence to the suit, he must of course be paid for wlhat he does. " Now, instead of alt this useless and expensive machinery, why not allow of a simple petition in cases where aU parties concur as to the facts ? l.a the instance of chlaritable institutions, under Sir Sa. mud Romilly's act, a petition may be presented at once in a sum- mary wvay, wijurcve uicrt is a supp:stU auuse ut eti nc&uvwAeuueU charity. If the charity itself be disputed, the comiiplaining party must hiave recburse to an information; but whbrc the existence of the charity is admitted, and the only question is whether there has or has not been an abuse of it, the question may be determined on petition. The same rule might be adopted in the case under consi- deration-where all parties wvere agreed as to the facts, they might be empowered to present a petition, praying for the opinion of the O Court as to the law arising out of those facts. The petition might .besigned byall 3di tssAnyf4 uania,tk ,h. of 16tgt;a.1; .if 'thought eiquisite,tj1e fa* rcJted iu ft Ini41jbe !e?iBCd Ibyaffi- ~d Li."A &tkt-tjeV.riiel , fiS I rvLt-X Ltcta*s' Som ueZl Co *pto* iOx, E. jo6c o-f 4sc 4 .. ecrse fEc C*.er tf Clumncry., . - I