would be unnecessary for him to go into detail upon this measure, as he had during the last session fully explained his object, when a similar bill was rejected elsewhere, in consequence of his refusal to allow compensation for certain sinecure offices which it was said would be affected. He now consented to introduce a clause for the purpose of allowing such comopinion that the bill would be better without it, yet he yielded to the wishes of others, and was anxious even at this expense to forward the measure. After the second reading of the bill, to which he understood in its new form there would be no objection, he should move for the appointment of a committee to consider of the sinecure claims, which he believed would be found smaller than he at first apprehended. He then obtained leave, and brought in his bill, which was read a first time, and ordered for a second reading on Friday next, and to be printed.

MONDAY, MAY 2.-Lord Althorp brought up the report of the committee on the County Courts' bill.

ance; but this course was finally adopted, and I their lordships had had the advantage of the able assistance of a learned lord (Gifford), who had devoted much of his attention to proceedings in appeal, and in particular to the law of Scotland. The benencial effects of this arrangement were soon felt on its coming into operation in the course of last year. At the commencement of last session the num-pensations; although he retained his former ber of appeals was 282, and of writs of error 74, making altogether 356. During the session, 186 of these appeals were gone through, above 40 of them having been struck off; so that at the end of the session there remained only 170 undisposed of. But their lordships had to look, not only to the number of appeals they decided, but to the number of new ones which were brought forward in a session. The number which had come in on the commencement of this session was 52. The number of appeals then standing was 201, and the writs of error 28, making only 229, instead of 356, as at the beginning of the preceding session. Of this FRIDAY, MARCH 4. Mr. Scarlett presented number, 229, their lordships had already dis- a petition against the bill for the recovery of posed of 126, so that there remained only 103 small debts, signed by a number of gentlemen undecided. If their lordships proceeded in this connected with the profession of the law. The manner, by the end of next session there would be learned member said, that he considered the mealeft only 26 or 27 appeals undecided; but whe- sure introduced by his noble friend (Lord Alther that number, or a few more or less, it was thorpe) as too violent an innovation on the exevident that by going on they would com-isting form of proceeding to obtain the sanction pletely conquer the difficulty which once ap- of parliament. peared insurmountable, and that this would be done independently of the improvement in the law of Scotland, which would render less probable so great an accumulation of appeals from that country in future. It had been said, Mr. Brougham said, that in consequence of however, that this arrangement would only give the alterations which had been made in the comoccasion to more appeals being brought. He mittee, having for their object to prevent the did not think so. If their lordships once increase of the influence of the Crown, the bill showed that they were capable of promptly now met his entire approbation. discharging all the judicial business which came before them-if no delay were expected, so many appeals would not come before them. The decrease of appeals during the two last sessions fortified him in his opinion. In 1823, the number was 59; in 1824, the number was 39; and in the present session of 1825, only 29. He now proposed, that of the five days of every week, on which a part of their lordships sat to hear appeals, one day should be appropriated to the hearing of those which should come in, in the course of the existing session. If this arrangement were commenced next year, it would probably have a considerable effect both in disposing of appeals, and in taking away the in- Mr. Hume wanted to know whether, if comducement to the bringing of them. The result pensations were given to those who suffered in of their lordships' decisions might also be the present instance, gentlemen were prepared stated. It appeared that out of 86 appeals to support the principle of giving compensabrought during the session, 63 had been affirm-tions to all who, in any case, should suffer a ed, 17 reversed, and 6 remitted. The arrangements which had been adopted, his lordship said, had, generally speaking, given great satisfaction in Scotland; and after expressing his sense of the credit due to the committee for originating the plan, to the house for carrying it into effect, and to all persons who assisted in its execution, he concluded by moving for certain papers relating to the state of appeals. -Ordered.

County Courts' Bill.

FRIDAY, MAY 13.-Upon the report of resolutions upon the County Courts' bill,

Lord Althorpe argued against any compensations being granted to officers of courts of justice, for the loss of fees arising out of the reforms made in the courts by the present bill. The compensations proposed were to be granted for the loss of professional profits, against all the known chances and vicissitudes of professional life. He objected to any compensation being made to any individual who could not prove an actual loss arising out of the present bill.

loss of fees under any bills of reform and inprovement? The claims in the present case were grounded upon the argument, that the claimants were injured in offices which they had acquired by purchase. For his part, he thought that the sale of offices in courts of justice was in itself a great evil, and the first step ought to be, to prohibit any such sale, and thereby to prevent any claim for losses sustained by a reform of purchased offices. The whole system of fees was pernicious' in the extreme. As to the compensations claimed in the present instance, upon the same principle might Al-compensation be claimed for losses by any ma. nufacturer who had established his manufactory upon the faith of laws, and had sustained injury by an alteration of such laws

COMMONS, TUESDAY, FEB. 8.-Lord thorpe ruse to move for leave to bring in a bill to facilitate the recovery of small debts in England and Wales, and observed, that it

MONDAY, APRIL 25.—Mr. J. Williams beg-missioners were not deficient-a patience as to ged leave to ask the rt. hon. Sec. for the Home Department, whether there were any prospect of the report of the commission appointed to inquire into the practice of the Court of Chancery being laid before the house?

it was a sandy foundation for a great paramount jurisdiction. Selden, in speaking of the origin of the court of Chancery and its way of conducting business, made use of the followexpressions :-" For law we have a measure, and know what we have to trust to; but equity is according to the conscience of the chancellor, and as it is shorter or longer, so is equity. It is the same as if it were measured by the chancellor's foot. What can be more uncertain? One chancellor has a long foot, another chancellor has a short foot, and a third chancellor has an indifferent foot: and so it is with the chancellor's conscience" (loud laughter). Now, if this were a fair description of the foundation on which the jurisdiction of the court of Chancery rested, that by itself would form a sufficient reason for inquiry into the jurisdiction of the court of Chancery, even if there were not other reasons which rendered that inquiry unavoidable: such a task could not be executed by a commission of mere lawyers, though he was certain that the length of time during which the present commission had been engaged, would ultimately tend to accelerate and consummate that good work, it would become worthy of consideration whether, in place of such a system, it was not high time in this thinking country, as Mr. Cobbett had ironically called it, to substitute another, and attempt a system on the authoritative foundation of the legislature of the country, ascertaining, describing, defining, limiting, and laying down, certain rules for the guidance of suitors, so that they might in future have to trust to legislative enactments, and not the conscience of any

would never choose the authors and abettors of was founded in the conscience of the keepers the system to be reformed as instruments for its of the great seal, of which, as they had genecorrection. He thought the appointment no-rally been priests or lawyers, he would say, that thing but a parliamentary manoeuvre of the rt. hon. gent. opposite (Mr. Peel) (hear, hear). He would admit, that if he sat on the same side, had the same object as, and possessed the countenance of the rt. hon. gent., he might have followed the same course (hear, and a laugh). But he was surprised that the right hon. gent. could have mentioned the commission with a serious countenance. He believed that not even the gravest of his Majesty's ministers, from the learned lord to the rt. hon. gent., could peruse the list of commissioners, and reflecting on the object for which they were appointed, could refrain from laughter (hear, hear). How ever, he was not sorry that the commission had been so tardy in their proceedings. The period which they had suffered to elapse, had given the system time to work, as the phrase was. It had brought things to maturity, and more fully showed the necessity of the reform for which he had contended. It now appeared that the number of causes and appeals which remained for hearing were upwards of four hundred. The judgments to be given in causes, appeals, petitions, and other "matters and things," as they expressed it in that court, amounted to 1,200 (including the causes to be heard). Looking at the mode in which business had proceeded in Chancery since the year 1813, and taking the average of causes heard each year in that time, as the measure by which to judge of the future progress of the court, the last cause now on the list would come on for a hearing (he would not say when for judgment) in forty years from the present date (hear, hear). The evil had arrived at maturity, and called for a thorough reformation: a mere re-chancellor (hear). It was impossible that the vision of the forms of proceeding would effect country would long allow the question to reno beneficial change; from the present com- main unexamined, how far it was expedient, mission, therefore, he expected nothing. If that there should be two conflicting systems of thirty years should be considered a little too judicature, co-existing in the same country-a long for the duration of a Chancery suit, or phenomenon in jurisprudence, which he had 10,0001. a little too much to be expended on it, the authority of Sir William Blackstone for perhaps they would receive from the commis- saying, was not known in any other country. sion some such copious relief, as a reduction of It would be convenient for the people of Engthe time to twenty-nine years and nine months, land to learn, whether it were proper that by and of the expense to 9,9991. (hear). He, how-law a remedy should be pointed out to the ever, did not despair, but looked to a prompt suitor for a grievance-that he should be at reformation of this overwhelming jurisdiction, liberty to pursue that remedy up to a certain so much at variance with the principles of our point-that, after he had advanced so far, he common law. If such evils had arisen under should be withdrawn from the tribunal in the direction of consummate wisdom, it was which he had claimed redress to another tributime for folly to see what it could do in the nal, proceeding upon separate rules, and actreform of them. The time would come, when ing upon a contrary law-that he should be the country would not be satisfied with going forced out of the court which would have submerely to the rind and surface of this jurisdic-mitted his case for trial to a jury of his countion-a jurisdiction depending on no legal enactments, nor resting like the common law on any immemorial usages (hear). He said resting on no immemorial usages, for Sir Wm. Blackstone had said, that though there had been many accurate writers who treated on courts and their several jurisdictions before the period when the time of immemorial usage commenced, not one of them had taken any notice about the equitable jurisdiction of the court of Chancery,-of that court, which had now swollen to such a magnitude, that it actually reeled and staggered under its own weight. Some persons might be inclined to ask, how was this jurisdiction founded, if not in legislative enactment or in immemorial usage. It

try, to be placed in a court of equity, where the most unsatisfactory mode of trial was pursued, by admitting written interrogatories, and none else, to be administered to a witness in one place by an examinant in another, and by leaving the effect of those interrogatories, indefinite and uncertain as they were, to be afterwards judged of by a single individual-that he should be torn from a tribunal of which the rules had often saved the constitution, to be dragged into another, which acted on rules intelligible to few persons and beneficial to none; and that when he had arrived, as he supposed, at the end of his trouble, when he had made the court acquainted with all the facts of his case, the court of Chancery should then be allowed

to interfere—and till then it was not allowed to ments of the law, but, if it were to be successinterfere to render unavailable all the mea-ful, by persons possessing greater information, sures he had taken; and that, too, without greater intelligence, and more philosophy and grounding its proceedings on a single affidavit, reasoning, than generally fell to the lot of memthough the result of them was to rob the suitor bers of the profession. His observation was inof the righteous fruit of his judgment-namely, tended to apply to the profession generally, and his execution (hear, hear). Circumstances like to himself amongst others. Letting that point, these must, he was sure, become the subject of however, pass for the present, he would now prograve inquiry, when this commission limited to ceed to another. Before the report of the comthe skirts and fringes of the court of Chancery mission was received by the house, the time -this commission for entering into its mere would be thought to have arrived for considerrind and surface, and for not proceeding any ing the transfer of real property in England-a further this commission for considering how system disgraceful to the country, and matter much it was possible to shorten the distance of ridicule and disgust to those who understood between the first subpoena and the final answer it, and saw how it was managed (hear, hear). should have passed away, and left no trace of In all ordinary contracts relating to personal its existence. The circumstances he had men- property, a man knew what he undertook to tioned must ere long form the substantial and buy, and what he undertook to give for it. paramount parts of some legislative inquiry. For instance, if he bought a horse, he saw The country would not much longer endure what he had to receive, and he knew the price that an equitable jurisdiction should, after a he had to pay for it. But if he purchased land, suitor had almost reached the termination of an even to the amount of 100,0001., he would unaction at law, take that action from a court dertake to say that not even the rt. hon. gent. which knew the facts of it, and place it in ano- opposite (Mr. Peel), nor his learned friend who ther court which knew nothing of them, and sat near him, no, nor one lawyer in 500-for the which compelled the suitor to incur an expen- chosen few who understood this department of diture to tenfold the amount of that which he the law were not more than half a dozenhad previously incurred in the court of law. would venture to affirm that they were reWhether the present commission were engaged ceiving for their 100,0001. the worth of 100,0001. in such inquiries or not, it would be fitting to or of one farthing. In point of fact, they knew inquire how far it was right in this thinking no more upon that point than be did upon the country, that a man, who had made himself law of China or Hindostan (hear, and a master of a sum of money under circum- laugh). The law affecting the transfer of real stances of palpable fraud, should be able to property was reserved for the consideration defend himself successfully against all sum- and profit of a select few, removed from the mary proceedings for the recovery of it. Was general practice of the profession, whose ways it right that a trustee who had misapplied trust were past finding out, whose movements were money in his hands, should have the doors of no more to be determined by reason than those equity thrown open to him, so as to find refuge of the astrologer, who, to use the language of within it from the just claims of those whom he Hudibras, had defrauded? As the law now stood, the person injured could not obtain any redress as against a trustee without seeking the door of the court of Chancery, which the moment he entered was closed for ever against his escape. So, too, with regard to executors. An estate might be worth 100,0001., and the debts upon it might not amount to one farthing. The payment of a legacy to the amount of 1,0001. might be deferred for years, if the executor chose to say, "Let me see what the amount of this estate is before I pay to you the bequest of the testator." In so plain a case, which required and admitted of a speedy remedy, the legatee was entirely without relief, unless he thought proper to seek it in that odious dungeon the court of Chancery; from which, when he was once immured in it, he seldom escaped without loss of comfort, fortune, and life (hear). He did not mean to say that people were killed in that court, but that they were subjected in it to a species of living death in the anxiety and mental torture to which its proceedings gave rise, and that they often perished by starvation, owing to the manner in which it expended and deprived them of their scanty means (hear). But to return to the point from which he had digressed. Was it right that this thinking people should, in two such cases as he had just mentioned, be referred for relief, as it was insultingly and mockingly called, to the court of Chancery? These points demanded inquiry; but it was an inquiry that ought to be conduct ed, he would speak out plainly, not by lawyers either ancient or modern-not by persons either moving in the trammels or enjoying the emolu

"Deals in destiny's dark counsels And sage opinions of the moon sells," whose principles were no more intelligible than those contained in the dicta of the Magi, or in any thing else that was purposely hidden from the understanding of mankind. He repeated, that the people of England, and even 99 lawyers out of 100, were utterly ignorant of the principles on which real property was transferred. Why did he mention that fact? Because it was one of those out of which the Court of Chancery was fed-it was the doubt thrown upon the titles to land that filled its insatiate maw with so many dainty morsels-it led to the filing of those bills for specific performance (to use the slang of the Court of Chancery) which occasioned such delightful pickings for the Chancery lawyers. There was likewise another matter for inquiry, which he thought the house, when he stated it, would consider to be right marvellous, but of which he would merely say

"'Tis true, 'tis pity, and pity 'tis 'tis true." If any gent. had any regard for the credit of the law, what would he think when he heard that if a man died worth only 201. in land, which be disposed of by will, and a doubt arose as to his competency to make such a will, it was a matter of right to the heir to demand a trial of the testator's competency before a jury of the country; whereas if he died worth 100,0001. personal property, and a question arose as to his competency to make a will, it was impos'sible by any exertion of legal skill to get that

In

question framed into an issue to be tried by the | a member of parliament. Not that he thought country (cries of no, no, from the minis- them open to doubt or controversy; but that terial benches)? If he were wrong in that he did not like to pledge himself to that, of opinion, he had no doubt but that his learned which he had no personal knowledge. One of friend the Solicitor-General, would hereafter the petitions he had to present was entitled to the set him right, and point out the mode by which most respectful consideration, as it came from a that issue was to be obtained: and if he (Mr. gent. of high honour and character. This was the W.) had any knowledge in the trade of the petition of Samuel Palmer, one of the churchlaw (and he did not pretend to much), the fact wardens of the parish of Newington. The pewas decidedly such as he had stated it (hear, tition stated that in the year 1653 there was hear, from the ministerial benches). He did not granted by the then lord of the manor of Walexactly know what that cheer meant. Per- worth to the overseers and churchwardens of the haps it meant to say that the commission was parish of Newington, a piece of land of which already over head and ears in consideration of the rents and profits were to be applied to the the point he had suggested. He should be use of the parish. In the month of August glad to hear that it was so: but he was afraid 1820, the trustees of the charity filed a petition that that point, as well as some others which he in the Court of Chancery, stating that the anhad mentioned, were points of important and nual income of the property, which had foressential inquiry, going a little beyond the merly been small, was now increased to 6001. forms of procedure to which he believed that a-year, and praying that it might be referred the labours of the commission were to be more to the Master to determine in what manner it particularly directed. There was another sub- should hereafter be applied. That petition ject which was as worthy of investigation as was heard on the 4th of November 1820, before any of those to which he had before referred; the Vice-Chancellor. He referred it to the and that was, how soon it might be expedient to Master. In two years and four months afterremove the jurisdiction of bankruptcy from the wards the master made his report; and by that Court of Chancery, which had no immediate report he took away the jurisdiction over the connexion with it. It would be expedient to rents, and profits from the overseers, and gave enter at the same time upon a revision of all it to the trustees. Against that report the pethe proceedings in bankruptcy, especially of titioners presented a petition to the Lord Chanthose which were decided before an appeal cellor on the 15th of August 1823, and on the was made to the Chancellor. On this point 12th of April the trustees presented another pehe would beg leave to quote the opinion of a tition, praying that the report should stand learned gent., who was not accustomed to confirmed. In August 1823, the Master, whom speak with levity of what he (Mr. W.) called the Chancellor had ordered to review his report, the antiquated errors of the law, but who in a restored the jurisdiction to the overseers. pamphlet which he had recently published, October a petition was presented by the overhad affirmed that, if all the imaginations seers to the Lord Chancellor, to have that rein the world had been set at work to devise port confirmed. A petition opposing this, was mischief, it would have been next to impos- presented by the trustees in November. In sible for them to have constituted a court more August a supplemental bill had been filed by calculated for the end proposed than the bank- the trustees, so that in November 1823, there rupt courts as they existed at present. He were three petitions before the Lord Chancelsubmitted that this statement was true to the lor respecting this charity, all waiting for his letter; and his reason for calling the attention adjudication. And here he begged leave to of the house to it now was, that when he had state, that between that latter period and the first mentioned the subject to the house, it present-for the matter unfortunately was still was attempted to drive him from it by unremit-pending-two questions had arisen before the ting assertions that in the Court of Chancery and every department connected with it all was right; that there was no delay in its proceedings, no complaints against its forms, no extraordinary expenses created by its jurisdiction -in short, that there was nothing in it, either done or said, which was not consistent with the welfare of the people of England. Now that he had an admission from the other side, that every thing was not as it ought to be in the Court of Chancery, he would venture, but with all due deference to the members of the commission now sitting, to suggest, if it were not too late, and they did not think their inquiry to be limited to the mere form of the proceedings in the Court of Chancery-he would venture to suggest to them the propriety of making these necessary and fundamental changes in that court. They might be made with perfect safety, because, if what he alleged against the court were correct, he defied any man, by any alteration, to make it worse (hear, hear). He should now proceed to bring forward the particulars of some cases which had recently been placed in his hand. For the correctness of these cases he did not feel himself responsible, but merely laid them on the table, in the discharge of his duty as

Lord Chancellor, which he had no doubt that his learned friend would tell them required some deliberation, and which, for any thing he knew to the contrary, might really deserve it. The first was, how far the present lords of the manor of Walworth-namely the Dean and Chapter of Canterbury, had a right as visitors to interfere with the charity. This question he ought to state, was suggested on affidavit by the solicitor for the trustees, on his own suggestion, and not at their instance or request. The second question was, how far the overseers of the poor for the parish of Newington, who were now appointed under a local act, were overseers as contemplated by the statute of Elizabeth. The great and eminent lawyers of the Court of Chancery might say that the consideration of these points was wise and necessary; but to the understanding of the petitioner it appeared quite the reverse. He could not understand why forty attendances, when these petitions were in the paper, but when they were not even touched, amounting to 561. 6s. 8d., without reckoning the fees of counsel to sustain them, were wise and necessary; he could not understand why 16 attendances at times when the matter was not heard but only mentioned, amounting to 301. 13s. 4d., making with the ex