the House of Lords); the Lords Justices (6,000l. each), 12,000l.; and the ViceChancellors appointed under the Act of 1841 (5,000l. each), 10,0007.; making a total of 28,000l. Now, when the Bill for the appointment of the Lords Justices was under discussion last year, a question was asked whether it would not be better to make their salaries payable out of the Consolidated Fund; and the noble Lord at the head of the Government then stated (and his reply was received with general approbation) that he had it under consideration whether all the Judges should not be paid out of the Consolidated Fund. That was the course proposed to be pursued by the present Bill. This Bill would transfer the payment of this 28,000l. from the suitors to the Consolidated Fund. Besides relieving the suitors from the pay. ment of a great variety of fees, this measure would also release them from a variety of payments for "office copies" and otherwise; and it was moreover proposed that they should no longer be compelled to take the reign of Geo. II. an Act was passed authorising the Accountant General to invest 32,000l. of this floating cash, in order that a profit might be made of it to be applied to the payment of the officers of the Court; and Acts had since been passed at various times by which this floating cash, standing to what he might call the first account, amounted to 2,590,000l., chiefly invested in the Three per Cent Consols, and the remainder in the Threeand-a-Quarter per Cents. In 1792, however, another Act was passed for the investment of a further sum of money, being the accumulated surplus dividends (after paying the officers of the Court) of the former fund, under the title of the "suitors' surplus fund." This second fund now amounted to 1,240,000l. so that the two funds together gave a total of 3,800,000l., or nearly 4,000,000l., arising from the money of the suitors so deposited in Court. Now, the income of this fund, amounting to about 112,000l. a year, was applied for the payment of the various officers of the Court, and amongst others for the pay-office copies at all from any of the offices ment of that part of the Lord Chancellor's salary which he received independently of his office as Speaker of the House of Lords, and for the payment of the salaries of the two Lords Justices, and of the Vice-Chancellors created by the Act of 1841; so that the suitors supported the Judges who had to administer justice in the Court, and who, upon every principle, ought to be provided at the public expense to administer justice to all whose rights were disputed; it was contrary to all principle to tax the suitors with the maintenance of the Court, to oblige those who had the misfortune to be involved in litigation to maintain the judicial system. In criminal matters it was not attempted to make the man robbed on the highway pay a fee to the Judge. The principle was intelligible enough upon which such a fund might be properly applicable to the support of what he might call the administrative jurisdiction of the Court of Chancery, which was exercised in consequence of a large number of persons desiring the Court to administer their property, and, in fact, making the Court their trustee. Now, it was but reasonable that these persons should contribute (as they did largely) to the expenses incurred in the management of the trust. The following, however, were the sums now paid to the Judges out of this fund: The Lord Chancellor, 6,000 (in addition to 4,000l. received as Speaker of from which they took them under the existing system-a system which led to an unnecessary multiplication of copies, and the payment of "despatch money;' and in future the practice in Chancery would be the same as at common law, where the attorneys mutually exchanged copies of such documents as they required. But it should be here stated that this question had occupied the attention of all the late Chancellors, beginning with Lord Lyndhurst; and by orders of him, and of Lords Brougham and Cottenham, the former charge of 1s. 6d. per folio had been reduced to 4d., effecting a saving of 28,000l. a year. While the Bill for the appointment of Lords Justices was under discussion last year, the Lord Chancellor took into consideration the question whether, having regard to the extent of the suitors' fee fund, which presented annually a considerable surplus, he could not effect a considerable reduction in the fees payable by suitors, and he made orders which it was calculated would give a further relief to suitors to the extent of about 20,0007. by the reduction of fees which he thought no longer necessary for keeping up the fund; and with such nicety had the calculation been made by Mr. Johnson, the able solicitor to the suitors' fee fund, that in the result there was only a deficiency of 1,128. That deficiency was not of any importance, because there was power to supply any deficiency in the sented. He would be continued under his suitors' fee fund from the suitors' fund. proper name, "Registrar in Lunacy," being Now, the surplus of the suitors' fund absolutely required for the discharge of amounted annually to 33,000l., and adding the duties of that office. The remaining to that the 28,000l. to be transferred by office, the Secretary of Bankrupts, was this Bill to the Consolidated Fund, there very justly complained of. He was paid would be a surplus of upwards of 61,000l. by fees, but by an arrangement with Lord or of 60,000l., after making up the de- Cottenham he accounted for all that he ficiency in the suitors' fee fund. That received above 1,200l., so that it might be being the case, the Lord Chancellor was taken that he had a salary of 1,2001. prepared, immediately on the passing of There was also a Chief Registrar in this Bill, to make a further remission of Bankruptcy, with 1,2001. That office 50,000l. in fees to the suitors. The having fallen vacant, it was proposed suitors' fund would still be contributing in a former Session to make the Secre112,000l. towards the administrative tary in Bankruptcy perform its duties; branches of the Court. But further, the but a Select Committee appointed to conCommittee which had sat upon this sub- sider the subject, at the instance of the ject had pointed out a variety of offices in hon. Member for Oxfordshire (Mr. Henley) the Court of Chancery, in regard to some having reported that neither office was of which they recommended the abolition, necessary, he had now to state that the while in other cases they had merely stated Secretary had very honourably, at the the facts connected with the office, leaving instance of the Lord Chancellor, resigned it to the Lord Chancellor to consider whe- his office without any compensation; and ther he could not fairly and with propriety that the office would not be filled up. A dispense with some of them; and his saving of 2,400l. would, therefore, be Lordship had, in every such instance, care- effected by the abolition of these two fully considered whether it would be possi- offices. Then, there were some officers ble to make any reform, or dispense with about whom the right hon. Member for the office. The Committee recommended Ripon (Sir James Graham) had made the abolition of the offices of the Master anxious inquiries-Chaff-Wax and Deputy of the Reports, the Clerk of Accounts, Chaff-Wax, the Sealer, and the Patentee and the Affidavit Office, which was to of Subpoenas. These offices, by an Act be transferred to that of Records and passed early in the reign of Her present Writs. It pointed out also a number Majesty, were directed to be abolished at of offices still paid by fees. It had, the death of their then holders; but it was amongst other things, been said in that proposed by this Bill to abolish them at House, that the Lord Chancellor's six once, paying compensation to the parties Secretaries were much too large a staff holding them. The following offices were even for the business of that important also to be abolished: The Lord Chancellor office. Now the first of these Secretaries had two Gentlemen of the Chamber, at was his Lordship's Private Secretary, and 700l. a-year each; one of these offices could not be dispensed with. The Secre- only was full; but the Lord Chancellor taryship of Decrees and Injunctions would had appointed to that office a gentleman be abolished; but this was rather a name who was of the utmost assistance to him, to frighten the House withal, than any- and really much required by him in the thing more, and no great credit could be discharge of his manifold duties-amongst taken for abolishing the office, for the others, in looking into the various cases saving thereby to be effected was only 501. referred to, and matters of that kind. He There were next two Secretaries not con- knew as a matter of fact that that gentlenected with the Court of Chancery-those man was actually employed until one o'clock who undertook the business in connection to two o'clock in the morning in his duties. with the Presentation to Livings, and with The office of the other Gentleman of the the Commission of the Peace. These Chamber it was proposed to abolish, and offices were now full, but it was the inten- to reduce the salary of the remaining tion of his Lordship to consolidate them, Gentleman from 700l. to 500l., which when either fell vacant. The next was the would not be more than sufficient to reSecretary of Lunatics, but though so munerate him for the performance of his called, he never performed the functions of duties. The office of Deputy Sealer, who a secretary; he was in truth a registrar. had a salary of 2891., was to be abolished. He never even signed the petitions pre- It was also proposed to abolish the Clerk of Affidavits at 1,000l. a year, the Assist- | should be paid by salary; and that, on a ant Clerk at 800l., and the Second Clerk vacancy occurring in the office, the future at 4001. The Clerk of Reports had an income of the Accountant General should income of 6601., arising from fees, and be 3,000l. a year, thus effecting a saving 2001. arising from salary, and his office to the suitors of over 2,000l. a year. was to be abolished, which would make a That income would not be found excessaving of 8601. a-year, subject, however, sive, when they looked to the vast quanto a payment of 400l. to be made to the tity of transactions that took place in the person who would undertake the duties Accountant General's office. In the course which that gentleman had really to per- of a year there were nearly 46,000 cash form, so that the saving thus made would transactions going on in the Accountant in fact amount to 4601. a year. The office General's office, whereby his constant of doorkeeper of the Court of Chancery attendance there was required; and it was salary 3471-was to be abolished; the thought that his salary should be fixed at usher of the Court, with 300l. salary and the amount just stated. The total of all 1271. fees, making together 4271., was these savings would be 8,900l., or, in to be abolished; so that the offices which round numbers, 9,000l. a year; so that, were for the first time to be abolished by in addition to the 50,000l. a year already this Act would produce a saving of 4,8811. mentioned, from which they would be able a year, or in round numbers about 5,000l. at once to relieve the suitors, they would a year, subject, of course, to compensation be able, when those changes were effected, to some parties. The saving that would to relieve the suitors from the payment of be effected in the other offices to be abol- about 10,000l. a year more. Further ished by this Act, which would terminate than that, the suitor was burdened now with the lives of the present holders, because the fee fund was charged with a amounted to 1,8381. a year, making a high amount of compensation by the retotal of 6,9001., or nearly 7,000l. a year. duction of the "Six Clerks.' That comBut besides that, the Committee had re- pensation amounted to about 47,000l. a commended another important reduction. year; the entire amount of compensation The Accountant General of the Court of was about 48,000l. or 49,000l. a year. Chancery was paid in perhaps not alto- When that compensation expired, there gether a satisfactory manner. He received would be in addition to the 50,000l. a a salary of 1,500l. a year, 4001. of which year, and to the 10,000l. a year before was paid to him as a Master in Chancery, mentioned a reduction of over 40,000l. and the remainder as Accountant General a year more, making altogether about in Chancery. He performed the duties of 100,000l. a year. He hoped the ultimate Messenger to the House of Lords, as the result of the arrangements would be carother Masters did, and conveyed their ried so far, that the suitor would be remessages to the House of Commons; but, lieved entirely from all payments for fees besides that salary, the Accountant Gene- of court, and that the only contribution he ral of Chancery, by an arrangement with would have to make would be that derived the brokers of the Court, received three- from the investment of his own money, of fifths of the whole brokerage charged to which he could scarcely complain, as he suitors in respect of various transactions was making the Court of Chancery his in stock to the Court of Chancery. banker and trustee; and the Court of The brokerage was one-eighth per cent; Chancery only received the profit that an and of that one-eighth per cent, the broker ordinary banker should receive whilst deonly received two-fifths, and the Account- fraying the expenses of the trust, and carryant General three-fifths. That was a sys- ing it into effect for the benefit of the tem that had existed for more than a hun- parties. It would be seen from that statedred years; it was not recently introduced ment that the Bill might well be termed by the present Accountant General; and "A Bill for the Relief of Suitors in the the result of the payments so made to High Court of Chancery." There was, the Accountant General was somewhere however, an exception in its provisions about 3,7001. a year, making a total in- from the recommendations in the Report come of about 5,270l. a year. It was on which the Bill was founded: the office proposed at once that an arrangement of Clerks of the Accounts and that of the should be made with the present Account- Master of Reports was not to be abolished. ant General-that, instead of being paid The reason why the Committee recomby the present system of brokerage, he mended the abolition of the office was this -they found that the gentleman who filled | refused payment at the Bank if his account the office of Master of Reports had ceased were discovered to be overdrawn; but he to attend the office, and the Committee might very easily get money from anybody naturally concluded that when he did not on the cheque-he might get it cashed by attend the office, it did not require his anybody to whom he applied, and the attention. The Clerks of Accounts check- party who cashed it, on going to the Bank ed the Accounts of the Accountant Gen- of England, would not be paid. It would eral's Office. They went through the whole be some discredit also to the Court of Chanof the accounts, of which they had a tran- cery if its cheques were overdrawn; the Acscript corresponding with the transcript in countant General could not well be blamed, the Accountant General's Office; and before for they must recollect that he had to deal a check was issued from the Accountant with accounts 46,000 or 47,000 in numGeneral's Office it was passed through the ber; and it was desirable that there should office of the Clerks of Accounts, and thus be some existing check to prevent it. It they were able to correct, if necessary, any was on these grounds that the Lord Chancheques that were drawn to the credit of cellor considered that this office could not the parties. The cheque was then taken be abolished. He had gone through the to the Bank of England to be cashed. recommendations of the Committee, and The Bank of England had also a book of had stated the mode in which they protheir own, and it seemed to the Committee posed to carry them out as regarded the that if the Bank of England had a book, Court of Chancery, but he had not yet and the Accountant General had a book, touched upon lunacy. With reference to there could be no chance of a mistake by the mode of raising fees, there was a great overdrawing the account, and therefore discussion in the Committee as to the best that the intermediate check might be dis-mode of raising them. They desired ultipensed with. The Committee had no reason to know what took place in the Account Office. Unfortunately the Master of Reports was unable to attend his office from infirmity; they only got their evidence, therefore, from the Accountant General's Office, and did not examine any of the clerks of the Account Office. The Lord Chancellor saw the recommendation of the Committee, but did not think there was sufficient evidence to satisfy his mind that the office should be abolished. Therefore, he called for the Clerks of Accounts and examined them, and asked the result of the check they exercised, and if it were an efficient one; and he (the Solicitor General) was bound to say that from the evidence which the Lord Chancellor so obtained, he was obliged to come to the conviction that, as Members of the Committee, they were all somewhat hasty in coming to the conclusion they did. He held in his hand a list of errors discovered in that office-he would not fatigue the House by going into a detail of them-but he might say these were all instances of accounts being overdrawn. There was one instance where the amount was 6341., in another instance 3467., in another 9007., in another 2931., and in another 1281. The list was a tolerably long one, and the sums were in the aggregate of considerable amount. The evil resulting from these errors being undiscovered would be this-the parties getting the cheque would no doubt be The mately entirely to abolish them; but in the meantime it was a great object to consolidate them, and have them paid at fixed stages of the case, and put an end to the numerous and ridiculous small payments now required. The Lord Chancellor proposed to take a power to fix and regulate those fees, as they could not be regulated at once by the Act, because it required judgment and consideration to do so. Committee had recommended, that, if necessary, a per centage should be allowed out of the monies paid into Court to raise onehalf of the fees which it might be requisite should be paid; and he (the Solicitor General) admitted that that point was not carried as unanimously as other points in the Report. He then saw an hon. and learned Gentleman (Mr. Walpole) who objected to it; it was also objected to by the Vice-Chancellor Turner, who then represented the city of Coventry; but there was a majority of the Committee in its favour. The Lord Chancellor, seeing that, proposed to take a power to raise the funds required for the purpose; but it might not be necessary for him to exercise that power, because it was thought that the different fees, when properly adjusted, would meet any demands for the purpose. In lunacy, however, he thought the best mode of raising the fund would be by this very per centage. There was no objection to it in lunacy, because the business was not contentious, but merely the administration of an estate by the Lord Chancellor as a trust. The pro- | Office, consisting of the taking of accounts perty was vested in the Crown upon the and other business, now solely performed commission finding the party lunatic, and by the chief clerk, should be performed by the Crown held it upon trust to administer some officer of a similar character; that it. There was no reason why the estate the litigious business of the Masters' Office to be administered should not be at the ex- should be performed by the Judges giving pense of administering it, but there was their opinion on the cases that arise at the reason why the present system of fees Masters' Office; and that the third class of should not be continued, because by the business, namely, business requiring dispresent system every estate, large and cussion with reference to the property of small, paid equally. He would give the infants, the appointment of guardians, &c., House two instances to explain the mon- should be transacted by the Judge himself strous hardship which was thus inflicted sitting in chambers. And he was happy upon persons having a small estate. One to say that, having had on that Commiswas the case of a lunatic who had been sion the advantage of the presence of elerk to a solicitor, and who had realised three Judges of the Court, the Master of by his savings about 1,500l. That was the Rolls, Vice-Chancellor Turner, and his whole property. The expense in Vice-Chancellor Parker, the Commission respect to that commission amounted to found them not only concurring in all these 2167., and of that, 2161., 551. 2s. 6d. were propositions, but expressing their entire the actual fees which his estate had to readiness to perform the additional labours pay into Court. So that in that small that would be cast upon them by underestate the party had to pay 551. 2s. 6d. taking the transaction of this business in into Court, being the same amount that chamber. And the result would be, that another lunatic possessing 14,000l. or if those various recommendations were 15,000l. a year, would have to pay. There carried out by the Legislature, it might be was another instance, where the party had in the power of the Legislature to dispense originally filled the situation of a lady's- with the office of Master in Chancery altomaid, and had saved 800l. The expenses gether; and they would have it in their amounted to 1837., and the fees paid into power to obviate all those delays which Court amounted to 581. 9s. 2d. for that were so often complained of-though the desmall estate. It was proposed, with refer- lays were perhaps somewhat exaggeratedence to lunacy, that the fees required, which by substituting a different mode of proceedamounted altogether to 6,000l. or 7,000l. a ing altogether from that of proceeding in year, should be raised by a per centage on the Masters' Office. All the clauses, therethe estate of the person whose estate was fore, which had reference to the Masters' to be administered. He thought he had Office were wholly omitted in the framing stated to the House the principal features of this particular Bill that was now about of the Bill. There were minor details with to be laid before the House. But before which he would not trouble the House, be- he sat down, he could not help stating to cause they would see them as soon as the the House the great satisfaction he felt in Bill was printed. He would state one cir- finding that it was in the power of Her cumstance with reference to this Bill which Majesty's Government, in consequence of would lead him to make a remark upon the the exertions of the Commission (which other measures that were contemplated. had been made to enable some immediate This Bill as originally framed contained action to be taken in the present Parliasome clauses with reference to the Clerks' ment), to bring forward a Bill that would and Masters' Offices. These clauses had go further towards the permanent relief been withdrawn from the draft of the Bill of the suitors in the Court of Chancery for this reason: a Report of the Commis- than this present Bill, which simply relievsion appointed to inquire into the proceeded them from a certain amount (not inconings of the Court of Chancery, had been presented and laid upon the table of the House on the first day of the Session. [Parliamentary Paper, No. [1437] Session 1852.] He was not then going to enter into the various subjects contained in the Report; but one of the recommendations contained in it was, that in future a large proportion of the business of the Masters' siderable) of pecuniary payments. They |