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The Legal Observer.

SATURDAY, MARCH 21, 1840.

"Quod magis ad NOS
Pertinet, et nescire malum est, agitamus.

HORAT.

THE LORD CHANCELLOR'S BILL FOR CHANCERY REFORM.

WE have at last before us the Lord Chancellor's Bill for facilitating the Administration of Justice in the Equity Courts, and we need hardly say that a more important measure has never been introduced into Parliament; and we shall, without further preface, endeavour to give an account of its provisions. These affect-I. The Judicial Committee of the Privy Council. II. The Court of Exchequer. III. The Judges of the Court of Chancery; and, IV. The Officers of the Court of Chancery.

I. The Master of the Rolls for the time being is to be appointed Vice President of the Privy Council, if a member, and in his absence, another member of the Privy Council is to be appointed temporary Vice President; and the Judges, not being members of the Judicial Committee, are to assist the Committee in the discharge of their judicial duties, and the ordinary duties of the Judges attending the Judicial Committee are to be performed by other Judges during their absence.

II. The jurisdiction of the Court of Exchequer, as a Court of Equity, is to be abolished and transferred to the Court of Chancery, and suits and proceedings transferred to the Court of Chancery are to be carried on according to the practice of that Court; but the Court of Chancery shall have power to direct suits to be carried on according to the practice of the Court of Exchequer, if it shall so think fit. The necessary powers and jurisdiction are given for carrying out this important change. Power is expressly given to the Court of Chancery in a summary way to restrain the Bank of England

VOL. XIX. No. 580.

from permitting the transfer of stock. The stocks and funds in the name of the Accountant General of the Court of Exchequer are to be transferred into the name of the Accountant General of the Court of Chancery. And the proceedings in the Court of Exchequer as a Court of Equity are to be delivered by the officers of that Court to such persons as the Master of the Rolls by warrant, counter-signed by the Lord Chancellor, shall direct, and shall be deemed records of the Court of Chancery. The following officers of the Court of Exchequer are to be abolished. The Accountant General of the Court of Exchequer, Clerk to the Masters on the Equity Side of the same Court, Clerk to the Accountant General, Clerk of Reports, and Examiner. This Court and its officers being thus displaced, prepares us for the third great alteration.

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III. Two additional Judges are to be appointed to assist in the discharge of the judicial functions of the Lord Chancellor, each of such additional judges to be called Vice Chancellor, each of whom shall have full power to hear and determine all matters depending in the Court of Chancery, either as a Court of Law or of Equity, or which shall have been submitted to the jurisdiction of the Court by the special authority of any act of parliament, as the Lord Chancellor shall direct, and the decrees of each such Vice Chanceller shall be deemed to be the decrees of the Court of Chancery; but no such Vice Chancellor, shall have power to discharge the orders of any other Vice Chancellor, not being his predecessor in office. Each of such Vice Chancellors is to sit in the absence of the Lord Chancellor, or in a separate Court. The New Vice Chancellors are to rank after the Chief Baron of the Exchequer, and as between

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The Lord Chancellor's Bill for Chancery Reform.

themselves, according to seniority of appoint- the Masters' offices, the Six Clerks' offices,

ment to their respective offices. Each and many other matters. It is directed against Vice Chancellor is to have a secretary, one of the great evils attending the present usher, and trainbearer, and the secretaries, administration of equity, the immense arrear registrars, and other officers appointed to of causes, and other matters now waiting for attend the Lord Chancellor, are to attend hearing, which, it will probably be admitted, the Vice Chancellors, as circumstances shall is the greatest grievance of all, and for this require. The Lord Chancellor, with the purpose, under all the circumstances of the concurrence of the Master of the Rolls, case, we gladly accept it. The abolition of and Vice Chancellors, or any two of them, the Equity Exchequer, and the establishare empowered to make orders, and with ment of one uniform system of Equity practhe concurrence of the Master of the Rolls tice, will be on the whole, we are satisfied, to direct causes pending before the Master a great improvement; and the services of of the Rolls, to be heard by any Vice four Equity Judges in separate Courts, deChancellor. The salaries of the Vice Chan-voted to the regular dispatch of original cellor and his officers, are to be paid out of business, acting in concert, and assisted by the interest and dividends arising from the Suitors' Fund. Each Vice Chancellor 50001. per annum, to his secretary 300l. per annum, to his usher 2007., and to his trainbearer 1007. ; after fifteen year's service, or being afflicted by some permanent infirmity, any Vice Chancellor may retire with a pension of 3,500l.

IV. The additional Judges will render a corresponding addition of officers to the Court of Chancery necessary. For this purpose, the principal officers of the Equity Exchequer are transferred to the Court of Chancery. Richard Richards, Esq., the present Accountant General, is to be created a Master in Chancery, with a salary of 2,500l. a year, and on his death or resignation, a new master is to be appointed. Mr. Buckland, the present clerk to the Master and Accountant General of the Court of Exchequer, is to be appointed chief clerk to Mr. Richards, at a salary of 1,000l. per annum, and Mr. Fenner, the present clerk of the reports, is to be appointed junior clerk to Mr. Richards, at a salary of 150l. per annum. The number of registrars is to be increased from six to ten: the four additional registrars are to be taken from the present Sworn Clerks of the Court of Exchequer, and full provision is made for the filling up vacancies, and for the regulation of their salaries, for which we must refer to the bill. To such of the officers of the Court of Exchequer as are not placed by the present measure, compensation is to be awarded.

This is a brief outline of the new plan; and, as a step in the great cause of Chancery reform, we give it our respectful approval. It cannot be considered as a final settlement of the question, nor is it intended-as we apprehend-as a remedy for the whole of the grievance. It leaves untouched the appellate jurisdiction of the House of Lords,

an adequate staff of officers, must-as it appears to us-be sufficient to dispose of the present arrear, and to keep it down for the future. This, therefore, is an important beginning, and will be an immense gain to the suitor; but when we look beyond this stage of the business, and consider the appeals from these Courts, we do not see our way so clearly. Can the Lord Chancellor, in addition to his other business, hear appeals from four Courts? or is it intended under the proposed act, to form an appeal Court, in which the other Judges shall sit? By s. 19, no Vice Chancellor is to have power to discharge the orders of any other Vice Chancellor, or any decree, &c. by any Lord Chancellor, "unless authorized by the Lord Chancellor so to do.” We do not know whether this points at a Court of appeal to be formed of more than one of the new Judges. By s. 27, all decrees, &c. of any Vice Chancellor shall be subject to be reversed, discharged, or altered by the Lord Chancellor. Why should not three of the inferior Judges have the power of reversing the decree or order of the fourth? We venture to throw this out for consideration. We would also suggest that the new Judges should have some more distinguishable name than Vice Chancellor. It appears to us to lead to some confusion, even in the present bill, and—as we think-will be inconvenient. Why should not all the Vice Chancellors be called Judges in Equity?

We shall now conclude these hasty remarks. We hail this bill as an important beginning of the great work of Chancery Reform, and we will gladly lend our humble aid, and we invite that of our professional brethren, to render it as complete as possible. Let us not, however, relax in our exertions. It may be convenient to proceed by steps, and divide the work into several bills. Here then we have bill No. I. But

The Lord Chancellor's Bill for Chancery Reform.

we earnestly exhort Mr. Spence, Mr. Field, I four members of the said committee;
and all others, to pursue their useful labours
in the other branches of the subject. Let
full information be obtained-let returns be
pressed for—and while we are gaining an
efficient judicial power for making decrees
and orders, let us see that they are acted on
with no unnecessary delay or expense to the
suitor. Let us also endeavour to obtain a
competent Court of Appeal, not only from
the decrees of the inferior Judges of the Court
of Chancery, but from the superior Judges
-in fact, the reformation of the appellate
jurisdiction of the House of Lords. The
subject of Chancery Reform now divides
itself into three branches :-I. The inferior
original Courts, or the disposing of the pre-
sent arrear, and the obtaining a hearing of
original business.
II. The officers of the
Courts of Chancery, and the mode of work-
ing orders and decrees when obtained.
III. The appellate jurisdiction, or mode of
reversing orders and decrees when obtained.
We now proceed to lay before our readers
the Lord Chancellor's plan for providing for
the first of these grievances, to which we
need not invite their attention.

The bill is intituled "An Act for facilitating

the Administration of Justice," and recites that the administration of justice by her Majesty in council would be greatly facilitated by the appointment of a judge to preside in the Judicial Committee of the Privy Council: it is therefore proposed to be enaeted—

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and that

no report or recommendation should be made to his Majesty unless a majority of the members of such Judicial Committee present at the hearing should concur in such report or recommendation: And whereas it is expedient to alter and amend so much of the said recited act as is herein-before recited; be it therefore enacted, that from and after the passing of this act no matter shall be heard, nor shall any order, report, or recommendation be made, by the Judicial Committee of the Privy Council, in pursuance of the said recited act, unless in the presence of at least four members of the said committee, one of whom shall be the Vice President for the time being of her Majesty's Privy Council, or the person appointed under this act to execute that office; and that no her Majesty unless a majority of the members report or recommendation shall be made to of the said committee present at the hearing shall concur in such report or recommendation: Provided always, that it shall be lawful for her Majesty, from time to time, by her sign manual, revocable at pleasure, to direct that any matter may be heard, and any order, report, or recommendation may be made, by the said committee, in the presence of three members of the said committee, of whom the Vice President for the time being of the Privy Council, or the person appointed under this act to execute that office, shall be one; and that

made by such three members of the said committee in pursuance of such direction, or by a majority of them, shall be deemed to be an order, report, or recommendation made by the said committee within the intent and meaning

every order, report, or recommendation

of the said recited act.

4. And whereas it may be expedient that 1. That the Master of the Rolls for the time some or one of the Judges of her Majesty's being (if a member of her Majesty's Privy Council) shall in the absence of the Lord Superior Courts of Common Law at WestPresident for the time being of her Majesty's minster, not being members of the said comPrivy Council, preside in the Judicial Commit-mittee, should attend meetings of the said tee of the Privy Council, with the style and title committee, for the purpose of assisting the of Vice President of her Majesty's Privy Council. said committee in the discharge of their judi2. That it shall be lawful for her Majesty, such judge' or judges, attending any meeting cial duties; be it therefore enacted, that any from time to time, by her sign manual, reor meetings of the said committee at the revocable at pleasure, to appoint any other per son, being a member of the said judicial quest of the Lord President or Vice President, committee, to execute the office of Vice Presi- or other person discharging the duties of Vice dent of the Privy Council whenever the Master President, shall be an assistant or assistants to the said committee, and shall advise with the of the Rolls shall, by sickness or attention to members of the said committee concerning the his other duties, be prevented from personally matters which shall be then and there subattending the said judicial committee. mitted to their consideration.

3. And whereas by an act passed in the fourth year of the reign of his late Majesty King William the fourth, intituled "An Act for the better administration of Justice in His Majesty's Privy Council," it was (amongst other things) enacted, that no matter should be heard, nor should any order, report, or recommendation be made, by the said Judicial Committee, in pursuance of the said act now in recital, unless in the presence of at least

a Mr. Spence has just published a Supplement to his valuable addresses, to which we beg to call attention.

5. That during the time of the attendance of any judge or judges at meetings of the said committee (whether such judge or judges

shall be a member or members of the said

judicial committee, or not), the ordinary duties of such judge or judges shall be performed by the other judges of the Court or Courts to which such judge or judges shall belong respectively, in regard to the business of such Court or Courts respectively, and by such of the judges of the said Superior Courts as shall not so attend, including the chiefs of the same Courts, in regard to the other duties 2 D2

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The Lord Chancellor's Bill for Chancery Reform.

of the judge or judges so attending; and it shall be the duty of such other judges to make, and they are hereby required to make, fit and proper arrangements for the performance of such duties accordingly.

6. And whereas the business on the plea side of her Majesty's Court of Exchequer at Westminster has of late yesrs greatly increased, and a transfer to the Court of Chancery of the juris diction of the said Court of Exchequer as a Court of Equity would relieve the judges of the said Court of Exchequer, and would otherwise tend to promote the public advantage; be it therefore further enacted, that on the day of all the power, authority, and jurisdiction of her Majesty's Court of Exchequer at Westminster as a Court of Equity, and all the power, authority, and jurisdiction which shall have been conferred on or committed to the said Court of Exchequer by or under the special authority of any act or acts of parliament, (other than such power, authority, and juris. diction as shall then be possessed by or be incident to the said Court of Exchequer as a Court of Law or as a Court of Revenue,) shall be and the same are hereby transferred and given to her Majesty's High Court of Chancery, to all intents and purposes, in as full and ample a manner as the same might have been exercise by the said Court of Exchepuer if this act had not passed; and the same power, authority, and jurisdiction shall, so far as respects the exercise thereof by the said Court of Exchequer, cease and determine: provided always, that this act shall not abridge, lessen, or in anywise affect the power, authority, or jurisdiction of or incident to the said Court of Exchequer as a Court of Law or as a Court of Revenue,

said Court of Chancery, upon the application of any party interested, by motion or petition, in a summary way, to restrain the Governor and Company of the Bank of England, or any other public company, whether incorporated or not, from permitting the transfer of any stock in the public funds, or any stock or shares in any public company which may be standing in the name or names of any person or persons or body politic or corporate, in the books of the Governor and Company of the Bank of England, or in the books of any such public company, or from paying any dividend or dividends due or to become due thereon; and every order of the said Court of Chancery upon such motion or petition as aforesaid shall specify the amount of the stock or the particular shares to be affected thereby, and the name or names of the person or persons, body politic or corporate, in which the same shall be standing: Provided always, that the said Court of Chancery shall have full power, upon the application of any party interested, to discharge or vary such order, and to award such costs upon such application as to the said Court shall seem fit.

9. Stocks, &c. in the name of the Acecuntant General of the Court of Exchequer, to be transferred into the name of Accountant General of the Court of Chancery; applicable to such purposes as the same were respectively applicable to. Officers of Bank of England, &c. directed to make the transfer.

10. Accountant General of Court of Exchequr to make up accounts with Accountant General of Court of Chancery.

11. Property vested in Accountant General of the Court of Chancery by this act to go to his successors in office.

14. Money by any act &c. directed to be paid into the bank to the credit of Accountant General of Exchequer to be so paid to the credit of Accountant General of Court of Chancery. Stocks, &c. transferrable in the name of Accountant General of Exchequer to become tranferrable into the name of Accountant General of Court of Chancery.

7. That all suits and matters which on the 12. Certain funds transferred to the Acsaid day of shall be depending in the countant General of Court of Chancery, to the said Court of Exchequer as a Court of Equity, account," Account of monies placed out," &c. or under such act or acts of parliament as afore- 13. Certain other funds transferred to Acsaid, shall be and the same are hereby trans-countant General of Court of Chancery, to an ferred, with all the proceedings therein, to the account, "Account of securities purchased said Court of Chancery, there to be carried on with surplus interest," &c. and prosecuted and dealt with and decided according to the practice of that Court; and that all writs which shall have been then issued in the same suits and matters, or any of them, returnable in the said Court of Exchequer, shall be and the same are hereby made returnable in the said Court of Chancery; provided always, that in case it shall appear to the Court of Chancery to be just and expedient that any suit or suits, matter or matters, so transferred to the said Court of Chancery, should be wholly or partially carried on according to or regulated by the present practice of the Court of Exchequer, or that any question or questions arising in the same suit or suits, matter or matters, should be decided with reference to the present practice of the said Court of Exche quer, it shall be lawful for the said Court of Chancery to make such order or orders in relation thereto as to the said Court of Chancery

shall seem ineet.

8. And be it enacted, that on and after the said day of it shall be lawful for the

day of

15. That on the said the offices of Accountant General of the Court of Exchequer, Master on the Equity side of the Court of Exchequer, Clerk to the Masters on the Equity side of the same Court, Clerk to the Accountant General, Clerk of the Reports of the Court of Exchequer, and Examiner of the Court of Exchequer, shall be and the same are hereby abolished.

16. That all the bills, answers, decrees, and proceedings of the Court of Exchequer as a Court of Equity, and under such acts of parliament as aforesaid, shall, on the said day of ‚' or as soon after as conveniently may be, be delivered by the several officers of

The Lord Chancellor's Bill for Chancery Reform.

the said Court of Exchequer now having the custody of the same to such person or persons as shall be appointed by the Master of the Rolls to receive and take charge of the same by warrant under his hand, approved of and | countersigned by the Lord Chancellor; and that from and after such delivery the same bills, answers, decrees, and other proceedings shall be deemed records of the Court of Chancery in the custody of the Master of the Rolls, subject to the provisions of an aet passed in the second year of the reign of her present Majesty, intituled "an Act for keeping safely the Public Records."

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Chancellor : Provided always, that such Vice Chancellor shall have no power or authority to discharge, reverse, or alter any decree, order, act, matter, or thing made or done by any other Vice Chancellor to be appointed under this act. not being a predecessor in office of such Vice Chancellor, or any decree, order, act, matter, or thing made or done by any Lord Chancellor, unless authorized by the Lord Chancellor so to do, nor any power or anthority to discharge, reverse, or alter any decree, order, act, matter, or thing made or done by the Master of the Rolls or the Vice Chancellor for the time being, appointed in pursuance of an act passed in the fifty-third year of the reign of His Majesty King George the Third, intituled "An Act to facilitate the Administration of Justice," or any order, act, matter, or thing made or done by the Court of Review in bankruptcy.

17. And whereas the duties of the Master of the Rolls as Vice President of the Privy Council will prevent his devoting so much of his time as heretofore to the hearing of causes in Chancery: and whereas the business of the Court of Chancery has of late years greatly increased, and by reason of the transfer 20. That each or either of the Vice Chanto the Court of Chancery of the equitable ju- cellors to be appointed in pursuance of this risdiction of the Court of Exchequer, further act shall sit for the Lord Chancellor, whenever duties will devolve on the Court of Chancery, he shall require him so to do, and shall also, and it is therefore expedient, for the better at such other times as the Lord Chancellor administration of justice in the said Court of shall direct, sit in a separate Court, whether Chancery, that two additional judges should the Lord Chancellor, or the Master of the be appointed to assist in the discharge of the Rolls or the Vice Chancellor appointed in purjudicial functions of the Lord Chancellor: besuance of the said act, shall be sitting or not, it therefore further enacted, that it shall be lawful for her Majesty to nominate and appoint, by letters patent under the Great Seal of the United Kingdom, two fit persons to be additional judges assistant to the Lord Chancellor in the discharge of the judicial functions of his office, each of such additional judges to be called Vice Chancellor.

18. That from time to time, when and as any vacancy shall occur in the said office of Vice Chancellor, by the death, resignation, or removal from office of any Vice Chancellor for the time being, it shall be lawful for her Majesty, by letters patent under the Great Seal of the United Kingdom, to appoint a fit person to supply such a vacancy.

for which purpose the Lord Chancellor shall make such orders as to him shall appear to be proper and convenient from time to time as occasion shall require.

21. That every person holding or who shall have held the office of Vice Chancellor under this act shall, if a member of her Majesty's Privy Council, be a member of the Judicial Committee of the Privy Council.

22. That the Vice Chancellors to be appointed in pursuance of this act shall, during the continuance in office of the present Vice Chancellor, respectively have rank and precedence next to the Lord Chief Baron of her Majesty's Courts of Exchequer at Westminster; and that the Vice Chancellor to be appointed in pursuance of the said act of the fifty-third year of the Reign of King George the third, and the Vice Chancellors to be appointed in pursuance of this act, shall after the death of the present Vice Chancellor, or his resigna tion or removal from his office respectively, have rank and precedence next to the Lord Chief Baron of the Court of Exchequer at Westminster, and as between themselves shall have rank and precedence according to senio rity of appointment to their respective offices.

19. That each such Vice Chancellor shall have full power to hear and determine all causes, matters, and things which are or shall be at any time depending in the Court of Chancery in England, either as a Court of Law or as a Court of Equity, or incident to any ministerial office of the said Court, or which have been or shall be submitted to the jurisdiction of the said Court or of the Lord Chancellor by the special authority of any act of parliament, as the Lord Chancellor shall from time to time direct; and all decrees, 23. That it shall be lawful for her Majesty, orders, and acts of such Vice Chancellor so in and by such letters patent as aforesaid, and in inade or done shall be deemed and taken to and by any other letters patent under the Great be respectively, as the nature of the case shall Seal of the United Kingdom, to direct that require, decrees, orders, and acts of the said each such Vice Chancellor to be appointed in Court of Chancery, or of such incident juris- pursuance of this act shall have a secretary, diction as aforesaid, or under such special usher, and trainbearer, to be from time to authority as aforesaid, and shall have force and time appointed and removed by such Vice validity and be executed accordingly, subject Chancellor at his pleasure; and that the senevertheless in every case to be reversed, dis-cretaries, registrars, and other officers apcharged, or altered by the Lord Chancellor; and no such decree or order shall be enrolled until the same shall be signed by the Lord

pointed to attend the Lord Chancellor shall attend such Vice Chancellor when sitting for the Lord Chancellor, and also when sitting in

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