and technicalities, instead of the substantial sioners had acted with more discretion and parts of the law, and instead of improving wisdom; and whilst they stript the science themselves in general knowledge; and, of idle, cumbrous, unnecessary, and comtherefore, the more the mode of procedure plicated forms, they retained the essential was simplified the better. That was the part, as being most useful, and even essenfirst point on this head; and, for the pur- tial, to the due administration of the law. pose which he had mentioned, a bill had With respect to this subject, also, he been prepared, and laid on the Table of the hoped that when their Lordships should other House, and it would be for their Lord- have the measure distinctly before them, ships to judge whether it had adopted the and see what it was, they would be of opinion wise and proper course to carry the object that on this branch of the improvements into effect or not. The second report of the the Commissioners had done essential serCommissioners related to a subject of great vice to the country. He ought to mention, importance, namely, the science of Special also, that the Commissioners had recomPleading. He had heard that it had been mended the enacting of some subsidiary said in another place, that special pleading provisions in aid of Courts of Law, which ought to be abolished. The Commis- in many cases would supersede the necessioners, however, did not think so; and, in sity of applying to Courts of Equity at all. his opinion, they thought wisely. Any To this extent, then, matters had gone, and one might understand that what occasioned were now in progress to a conclusion. the greatest expense in the proceedings at But this was not all; for the Commislaw was the trial; and, with reference to sioners and the Government had paid atthis, the science of special pleading was tention to a matter of great practical immost important. What was special plead- portance-namely, the actual state of the ing? It was to bring the issues to be tried, superior Courts of Law as to the quantity both as law for the Judge, and fact for the of business before them. It appeared that Jury, to the shortest and most distinct during the last five years, 11,000 causes points, so that the parties might know had been tried at the Court of King's precisely to what, at the trial, they would Bench, 3,000 at the Court of Common have to apply themselves, and make their Pleas, and at the Exchequer only 500. preparations, as to witnesses and other During that period, he believed, that in matters, accordingly. If there wer no the City of London not a single Special special pleading, and the matters in differ-Jury cause had been tried by the Court of ence were not thus made short and distinct, the suitor could not so well know how to prepare himself for the trial; and, in making preparations to meet every supposable case, he would be put to most enormous and unnecessary expense; and, in addition, there would be such a constant succession of mistakes at nisi prius, that the number and expense of new trials would be enormously multiplied. The Commissioners, therefore, did wisely in refusing to abolish a system which prevented confusion, and complication, and uncertainty, at the trials. Special pleading was no more than this: The plaintiff stated his case, the defendant pleaded (that is, answered), the plaintiff replied, and so on, and in this manner the matters in issue were brought to precise points in a short time, and these points were the precise and distinct questions-if of fact, to be decided by the Jury; if of law, by the Judge and the Court. To be sure, special pleading, like every thing human, was liable to abuses, but it did not therefore follow that it ought to be altogether abolished. The Commis Exchequer. When he was attorneygeneral, he had brought a bill into Parliament, which was passed into a law, which enabled three of the Judges of the Court of King's Bench to sit under the King's warrant for some days out of term, for the despatch of term business. That measure he always, however, contemplated as a temporary, and not a permanent one. But it must be permanent, unless some other kind of assistance was provided for the Court of King's Bench. Although additional facilities were given for the despatch of business in the Court of King's Bench, by the plan which he had proposed, yet additional business flowed into it in proportion. The Court of King's Bench was the favourite Court, and all crowded into it who thought they could get to a hearing in a reasonable time, so that it was as much overwhelmed with business as ever. But the three Judges sat in a separate Court, away from the ordinary Court where the Chief Justice sat; which was attended with many inconveniences. present the business done by the Judges At sitting in banco out of term was done by | three, the time of the Lord Chief Justice being wholly occupied in trying causes at nisi prius. Now this was inconvenient in many respects, for it often happened that questions of law sent for the opinion of the Court, from some of the Equity Courts, had to be decided by three of the Judges, without the valuable aid of the Chief Justice. It was also a matter of considerable importance, that the three Judges sat, in a great measure, apart from the public, whose presence had a good effect both on the Bar and the Bench. He knew that a young man when at the Bar was proud when he had a special case to argue in the presence of the public in a crowded Court. This was a great stimulus to young men, and encouraged them to exertion. He did not mean to say that they neglected the business of their clients, but certainly they were deprived of a great stimulus to exertion when they were withdrawn from the view of the public.-It was, therefore, desirable that the business in the Law Courts should be conducted in the presence of the public, and in the open view of the whole profession. It was one great object of the Commissioners, that the business of the Courts should be as much equalised as possible among the whole of the Courts, and that no Court should have too much, or rather that each Court should be able to despatch the business that came before it. The Court of Common Pleas had full as much business as it ought to have; for he was convinced that neither Judges nor Counsel ought to have their time so totally occupied in the duties of their profession as to have no time to attend to anything else. He thought that Judges ought to have some time for relaxation, and for attending to objects of science and literature, and general knowledge, so as to be able to keep up, and even to add to what they had before acquired; and in this view he was satisfied that the Judges of the Common Pleas did as much business in their profession as any Judges could reasonably be called on to do. With regard to the Court of Exchequer, it was well known that it sat in a double capacity both as a Court of Common Law and a Court of Equity. Properly speaking, the Barons, when they sat as a Court of Equity, might be assisted by the Lord High Treasurer and the Chancellor of the Exchequer; but of late years these had not attended, and the consequence was, that both at Law and in Equity the Barons only sat in Court. From the inconvenience supposed to result from this, a regulation had been adopted, by which the Lord_Chief Baron sat in Equity, while the three Barons sat at Common Law, and in both they sat without doing much business. One cause of this, no doubt, was, that the Court of Exchequer was in some measure closed to the general practitioner, and that the business must be conducted through the medium of a law-officer of the Court. To remedy this, the Commissioners proposed that the Common Law business should be detached from the Court of Exchequer. They thought, and he considered the opinion to be well founded, that this would have the effect, as the practice of all the Common Law Courts would be assimilated, of taking off the surplus business, which now pressed chiefly on the Court of the King's Bench, and thus one of the great evils complained of would be removed. If, besides separating the Common Law business from the Court of Exchequer, an additional Judge in Equity should be appointed, for a time at least, there would be good reason to believe that the other Courts of Equity would be relieved from the pressure which they at present labour under.-There was another measure of great importance which had engaged the attention of his Majesty's Ministers, and one which would be attended with but little additional expense, or at least less than was commonly imagined; this was, the subject of the Welsh Jurisdiction, and the appointment of an additional Judge to each of the Courts. The subject of the Welsh Jurisdiction had often been brought under the notice of Parliament, and two Reports had been made concerning it. The opinion of the Commissioners was, which he believed was also the general opinion, that it should be assimilated to that of England. The present system was established in the reign of Henry 8th, and the object of it was, to extend to the Welsh the same law and the same mode of administering justice which prevailed in England; and the only reason why that object was not attained was, the difficulty of communication which then existed between the one country and the other. But that difficulty had now been removed; the reason no longer existed; and it was proposed, therefore, that two of the additional Judges should be appropriated to that jurisdiction, and hold the Assizes there in the same manner as in England. By doing this they were only following the object of Henry 8th, which was to have the laws administered in the same manner in Wales as in England. He would not enter into the details of the bill for carrying this proposed measure into execution, as the bill was in the other House, and would soon be before their Lordships. He merely now stated the general scope of the measures in contemplation and in progress, that their Lordships, from understanding the general system beforehand, might be better prepared for the consideration of the particular details, when they should be called upon to decide upon them. There was another subject which had engaged the attention of Government, and that also was one of very considerable importance-he alluded to the subject of Jury Trial in Scotland. Commissioners had been appointed, at one time, to consider this subject, and a considerable difference of opinion prevailed. Many thought that Jury Trial was not at all adapted to the law and to the proceedings in the Scotch Courts; and it was resolved, and he thought wisely, that, in the first place, the system should not be incorporated with the Court of Session, but tried in a separate Court, by way of experiment. A great portion both of the people and the lawyers of Scotland were prejudiced against it, and therefore it was tried in a separate tribunal. The experiment had been made; and the result, he had reason to believe was, that many of those who had felt the strongest prejudice against it, and thought it utterly incompatible with the due administration of the Scotch Law, had now changed their opinion, and thought that it might be incorporated with advantage into the general system of the superior Courts of Scotland. A measure accordingly was in contemplation for effecting that object, and also to promote the general improvement of the mode of procedure in that country. Another subject of great importance had also engaged the attention of his Majesty's Ministers, although they were not prepared to bring any specific measure on the subject before Parliament: that was the law of Real Property, particularly with respect to the branch of Conveyancing. Commissioners had been appointed thoroughly to consider the subject, and among these were some of the most eminent members of the Bar connected with that particular branch of the law. They had paid the greatest attention to the inquiry, and had met with considerable difficulties in the course of it. They had not yet been able to make a report; but they expected that they soon would be. He knew that they contemplated getting rid of many useless forms, and much of the expense which attended the transfer of real property. There were, no doubt, many difficulties in the way of making these alterations, but diligent investigation would probably suggest a means of successfully accomplishing, at least a considerable improvement, if not a complete reform in this branch of the law. Another measure of great importance, which had also engaged the attention of his Majesty's Ministers was, the state of the procedure and administration of the law in the Ecclesiastical Courts. A commission, composed of very learned men, had been appointed to inquire into the subject, and they would, no doubt, collect and communicate much valuable information. There had been examples, at no very remote date, of the very defective state of the procedure in these Courts, and of the necessity which existed for amendment; and perhaps it would be desirable that the provincial tribunals of this description should be abolished. It might be highly expedient that those modes of proceeding should be changed which had been established at different times, and under very different circumstances. He had called their Lordships' attention to this rapid survey of the general scope of the proposed alterations and improvements in the law in general, as introductory to a particular object which he had in view with reference to the Court of Chancery. If it were so important that the best modes of procedure and of administering the law should be adopted with respect to other Courts, what must be the importance with reference to the Court of Chancery? Their Lordships might judge when he informed them that there were forty millions sterling of the money of his Majesty's subjects in that Court. A commission had been appointed some years ago to consider the state of the procedure and the administration of the law in that Court, and he had heard that it had been said in another place that the commission had been productive of no advantage, and had only occasioned needless expense. The one assertion was just as correct as the other. That commission had been attended with no expense, except for Judge to the Court of Chancery, the the salary of the Secretary and the rent arrear in which it was so very important of the room in which the Commis- to get rid of. But he would suggest this sioners sat, for the able men who had qualification, that when the arrear should composed it had attended gratuitously. be got rid of, in case of a vacancy in that As for the advantage derived from the office occurring by resignation or death, Commission, it had effected, perhaps, his Majesty, with the advice of his Privy with one exception, as much as it could. Council, should be enabled to decline The object of the commissioners was, filling up the vacancy, and so discontinue to shorten the system of procedure pre- the appointment. This might easily be vious to the trial, and they had made done, for the new Judge would act with many valuable suggestions for that pur- the machinery of the Court of Chancery pose; and many regulations had been already in operation, and no new officers already made in order to carry their re- would be appointed-for whom, in case of commendations into effect. Some of discontinuing the Judge, compensation them were embodied into the orders for must be provided. This would create no the regulation of the proceedings of the new establishment, and the only addiCourt, others were incorporated into the tional expense would be the salary of the bills which had been brought into Par- Judge himself. Even without the death or liament. Those which could be carried resignation of any of the Chancery Judges, into execution without the sanction of the new Judge might, when the arrears Parliament had been already adopted, and were got rid of, be transferred to any for those which could not, the Ministers of the other Courts if necessary. He then sought the sanction of Parliament. ascribed the fact, that there had been A great deal had, in fact, been already no recent increase of arrear in the busidone towards simplifying the proceedings ness of Chancery, to the fact of the in the earliest stages, and indeed all that Master of the Rolls having most readily, could conveniently be done. The next and with that willingness with which and the great point was the hearing of he listened to any proposition for facilicauses, and the subsequent proceedings. tating the despatch of business, acceded Of the delay a complaint had always pre- to the suggestion which was made to him, vailed, from the time of Lord Bacon to that he should hold his sitting in the this day, and it had happened that the morning instead of in the evening. The arrears had accumulated to a great extent, Master of the Rolls now sat in the mornso that even thirty years had elapsed before ing, and had drawn to him a separate Bar, a final decree could be pronounced. But which was attended with most advantathere was one consolation at this day, and geous results to the suitors of the Court. that was, that for the last five years there He did not know what was the exact was no increase in the arrears; and if state of the arrear of the Court of Chancethey could once get rid of the arrears, the ry, up to the moment in which he spoke, present establishment of the Court of but by the returns laid on the Table of the Chancery might be sufficient to keep other House, up to last Hilary Term, it down the arrear in future. Casualties, appeared that the arrear was in some however, might occur, as in the case of degree corresponding to the state in which that most able judge, the present Master it was at the same period of the last year. of the Rolls, and of Sir Thomas Plumer. The only objection that he had heard Besides the casualties of indisposition, to the appointment of an additional Judge many might occur from deaths and vacan- in the Court of Chancery was this, it was cies. But still, if the arrear were once said, "If you multiply the Judges, you got rid of, he believed that it might be facilitate the hearing, but you increase the kept down by the present strength of the number, of appeals." He was not aware of Court of Chancery, and he was willing to the value of this objection, but one great qualify the proposition which he had answer to it was this, that the chief made last year for an additional Equity business of the Court, and indeed the Judge, to the extent of that possibility. principal reason of the delay in hearing But if they were to appoint an additional causes, was the number of motions. In Judge to each of the Courts of Common Lord Hardwicke's time, motions connected Law, it would be but unwise policy, as it with a cause for hearing were refused. appeared to him, to deny an additional | Lord Hardwicke used to say, "I will not hear the motion, but I will hear the of appeals to their Lordships. One word cause, because that may get rid of the as to what had been said with respect to motion altogether." There were now, the Privy Council. It had been stated however, so many motions, that this could that that Court required great alterations not be always done. Some of those in its constitution and in its practice as to motions occupied as long a time as would hearing appeals. He was not of that be sufficient for the hearing of the cause opinion. It had the advantage on most itself. If, therefore, they could by any occasions of the presidency of the Master means diminish the number of motions, of the Rolls, or of some other distinguishthey would diminish the delay in hearing ed law officer, who gave his constant atthe causes, and there would be little fear tention to the business which was brought of having any increase in the number of before it. He saw therefore no necessity appeals. So great, however, was the for any alteration. The valuable assistnumber of motions, and so pressing ance which had been given by his noble were barristers in urging them on the and learned friend (Lord Wynford) for the attention of the Court, that the Chancellor half of last year, and by the Master of the had not time for hearing appeals. It fre- Rolls for the other half, had been so quently happened that when he called on effectual that there was no arrear in that a cause, one barrister stood up, and said, Court. He spoke this in the presence "I have a motion to make for an injunc- of his noble friend the President of the tion, which is necessary to prevent a great Council. But to revert to the recomwaste of property." Another said, "Imendations of the Chancery Commission, have a motion for the appointment of the Commissioners had made many suga receiver, which is essential to the inter-gestions with respect to the Masters' est of parties before the Court." The Chancellor had no option; he was obliged to hear these motions; and in this way the hearing of causes and of appeals was delayed. In the course of last year he had only been able to devote thirty days to the hearing of appeals. If he were allowed only fifty days in the year to hear, or if any other course were taken to dispose of the motions, the arrear would soon be got under. It had been stated that there would be an increase of appeals from the Court of Chancery to that House. The increase, however, he believed, would be very small. At present there were only six such appeals, and that would make no very inconvenient addition to the number on the books. The whole number of ap-spatched. One of the circumstances repeals on the book at the commencement commended by the Commissioners with of this Session was between eighty and respect to the Masters in Chancery was of ninety; and of these, thirty had been the utmost importance. It related to the already disposed of. The arrangement manner in which the Masters were paid. made in this respect by his noble and A great proportion of the emoluments learned friend would enable their Lord- received by the Masters was derived ships to sit five days in the week, and in from what was called Copying; the that way he hoped that before the end of Masters and their clerks were paid, partly the Session the whole of them would be by fees on copying, and partly by direct disposed of. Their Lordships were at demand for money. From this circumpresent hearing appeals which had been stance had arisen the imputation against set down last year, and that was proceed- the Masters, that they endeavoured to ing with as much speed as in the Courts of lengthen the proceedings, and that they Common Law; for cases on Writs of Error were in the habit of multiplying copies could not be brought to hearing before the beyond the necessary number. He belapse of a year. No inconvenience, there-lieved the imputation to be altogether unfore, was likely to arise from any increase | founded; but still it was desirable to re office, and many of these suggestions had been carried into effect. It had been stated that the Masters in Chancery led lives of idleness, and that they had, in fact, little or nothing to do. He could state from his own knowledge of the practice of the Court, that this imputation was unfounded. Looking at the busiucss of the last four years, he found that they had presented on an average 4,000 reports and certificates, and when their Lordships recollected that many of these required days of anxious labour and inquiry, they might judge how unfounded any charge of idleness against them must be. He could also state that there was a very small arrear in proportion to the business de |