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learned Friend has referred to one parti- | Field, himself, admits, that with the mascular return made under peculiar cir- ter himself there is no delay. And whilst cumstances; he ought to have stated the my hon. and learned Friend undervalues general average, and which appears to be the services of the masters, he ought to nearly five hours a day to each master. I reflect, that, whilst there is more substan-have the authority of the Colleague of my tial business done in our courts of equity hon. and learned Friend, that no judge in the course of the year than in all the ought to be called upon, with advantage other courts at Westminster Hall, two to the public, to sit beyond five hours in thirds of that business are transacted in the day; but my hon. and learned Friend the masters' offices. As to the romantic says, that the time of the judge is much allusion of my hon. and learned Friend, of occupied out of court in preparing for the masters reading the newspaper or a court; he must know that the master is novel, he could hardly be serious; and I also so occupied; there is no day passes feel confident he intended it merely as a that I am not occupied from one hour to figure of speech, as a flourish which an two hours at least out of office-hours in orator can hardly ever avoid where it falls reading my papers for the next day and in his way. If a warrant should not be looking at points of law. And then, in attended, if an interval should arise berespect of the number of days, I agree tween the attendance on warrants, the with my hon. and learned Friend, that the master has plenty of occupation in reading master should sit every day the court sits; over and preparing his reports, and in but I do not see what use their sitting at signing them. For my hon. and learned other times would answer. And my hon. Friend is grealy mistaken when he says, and learned Friend may be assured, that their reports are prepared by the chief if they continued their sittings until clerk and not by the masters themselves; Christmas next, there would then be the true it is, that the statement and technical same bustle and hurry as there is gene- part is so prepared; but I will speak for rally at this time of the year; and surely myself, and, in so doing, may also for all my hon. and learned Friend ought to the other masters, that there is no master know, that the masters, after the last seal, who does not prepare or settle his own have no power whatever of compelling at- finding, and peruse the whole of the tendances upon warrants. I think the report. It is not, I conceive, the duty of practice most absurd and mischievous. I the master to do more, but that of the have, with the other masters, adopted chief clerk; and the master's time must every means we could to put a stop to be, and is much better occupied in other such a practice. I have suggested in the and more difficult matters. And now, proper quarter that an alteration should be as to attendances and their enforcement; made, and I have no doubt it will be made. I wish the masters had more power; but As to the hours, it is well known that how that is to be effected with safety or solicitors cannot, except under very press-utility is a matter of grave consideration. ing circumstances, attend upon the masters, but from eleven to four o'clock. They are occupied in the earlier hours in the morning in reading their letters, and making arrangements for the day; and in later hours they are again occupied with letters for the post, and preparing for the next day. But my hon. and learned Friend says, that there is a great pressure and arrear, and delay of business; that there is an actual choaking up in our offices: all I can say, is, that I know there is no such arrear or delay or choaking up in my office, and that I am not aware and I do not believe that there is any such in any other office. I know that, by the time my office closes, there will not be a single matter left undisposed of or unfinished

Whom will you mulet with costs, or punish for non-attendance? Not the suitor, for he may be perfectly innocent; the solicitor, will you gain your point thereby ? My hon. and learned Friend says, and so does Mr. Field (a solicitor himself), that solicitors will not attend sometimes, out of courtesy to each other; will they not extend that courtesy as to costs, and keep a regular account between each other for non-attendance, and set off one against the other? All this, as I have already said, requires consideration, and much, very much, depends upon proper management, and the master's seizing the proper moment to compel attendances and continuity of warrants. My hon. and learned Friend then says, referring no

the masters have nothing to hope, nothing to fear, nothing to influence their conduct. Nothing to fear! Will he not allow something for conscientious feelings, and a sense of duty? Will he not give some credit to men of education, men who have at the bar obtained considerable business and acquired high station? If such credit cannot be given to men who now perform the office of masters; if a sense of duty be not sufficient to influence them, they ought never, in my opinion, to have been appointed to that high situation for let my hon. and learned Friend consider it as he will, let him compare the duties of the masters and their salaries, and measure them with the labour and remuneration of a draftsman at the bar, the office of master must always be considered one of the most important of judicial appointments. As for the observation respecting the influence which my sitting in Parliament has upon my conduct, I think it might have been spared. I do not think the Bar or the public would judge of me so harshly, and to the Bar and public I appeal. My hon. and learned Friend next says, we are independent of the Lord Chancellor. Exceptas to our appointments, not more so than we were; and I should be sorry we were. My hon. and learned Friend says, that under the former practice, the Lord Chancellor might have sent or not, as he thought proper, reference to the Masters; and as their emoluments then depended upon fees, and not salary, the Masters were then entirely dependent upon the Lord Chancellor. But does my hon. and learned Friend mean to say, that the Lord Chancellor ever did exclude a Master from his share of references, or that he ought to do so? If circumstances should arise to justify such exclusion, surely the same circumstances would and ought, to cause the removal altogether of such Master. I think the change of remuneration from fees to salary a change for the better; it is one of those salutary reforms for which we are indebted to Lord Brougham; and equally beneficial, as it appears to me, is the change of appointment from the Lord Chancellor to the Prime Minister; for thereby you render the whole Cabinet responsible for the appointment, whilst at the same time you secure the approval of the Lord Chancellor; for it cannot be supposed that the Prime Minister would ever appoint any one that was not ap

a Minister should do so, I do not hesitate to say, that he would greatly fail in his duty to the public, and act contrary to the intention of the framers of the Act and the Legislature, which I have no doubt was to place the appointment of the masters in the same situation and on the same footing as that of the other judges. When my hon. and learned Friend says the masters have nothing to hope, does he forget the promotion and advancement of masters Thompson and Alexander to the high judicial situation of chief Baron? My hon. and learned Friend and the House may be assured, that they will not find more ardent or zealous supporters or coadjutors in the cause of reform of the Court and the Masters' offices than the masters themselves. I beg pardon for having so long trespassed on the kindness and attention of the House; I feel that I have been desultory and tedious, but my excuse must be, that I was not aware that my hon, and learned Friend was about to make any observations respecting the masters, which have been the occasion of my rising at all; or that he was going to do anything more than complain of the withdrawal of the bill. With him, before I sit down, I must again express my regret at that withdrawal: but though that bill has been withdrawn, great good has been attained; great advance has been made this Session; the most irresistible evidence has been placed upon record; unanimity has been secured; emulation between parties has been created. Lord Lyndhurst, always a reformer of the abuses of the court, has become a convert to and zealous supporter of the appointment of two more judges, and the increase of the judicial power. I must here take this opportunity of expressing with others our sense of obligation to his Lordship. My hon. and learned Friend has joined our ranks as a reformer; he is most welcome even at this eleventh hour; and he has by his speech of this evening rendered the cause the most important services, which I am ready to acknowledge, although I complain of his observations respecting the masters, which I consider unmerited and uncalled for, and were by me most unexpected. My right hon. Friend, his colleague, has declared himself favourable to, nay, he has insisted upon, still greater and more extensive reforms. The noble Lord, the Secretary for the Colonies, has expressed an opinion, that next

happily withdrawn, pass, but there ought| to be an investigation respecting the Apellate Court, independently of the question of the supply of judicial power. All this must inspire us with hope and well grounded assurance that ere long the Court of Chancery and the Appellate Court will be put on such a footing as to secure to the suitor a satisfactory administration of justice, without delay and disappointment. What a triumph to those who have been long exerting themselves in the good cause, to the present Master of the Rolls, and others, amongst whom, I trust, I may rank myself as an humble but constant and ardent labourer in and out of Parliament.

House went into Committee on the bill. On the words "and also in the form and mode of filing bills, answers, &c.," in the first clause being read,

Mr. Aglionby wished to ask whether this clause would empower the Chancellor and judges to make orders dispensing with bills and answers, or at least with answers in common suits, for payment of debts and legacies, and other simple cases.

The Attorney-General: There is a subsequent clause authorising the Lord Chancellor and the judges generally to make rules and orders as to the form and mode of proceeding to obtain relief, and to alter, control, and regulate the business of the several offices of the court. Under these powers the judges might, as he conceived, in such cases, if they should think it expedient, dispense with bills and answers altogether, and substitute a petition, or some simple mode of proceeding.

On the words "and of making and delivering copies of pleadings and other proceedings" being read.

Mr. Aglionby stated, that he doubted whether the judges would act upon this part of the bill, and that part which authorised them to direct payment into the "Suitors' Fee Fund" of the copy money now received by any of the officers for their own use, inasmuch as this could not be done effectually without very largely interfering with the emoluments of the six clerks and clerks in court; he wished to know how this was.

Mr. James Stewart stated, that to meet this difficulty, he had prepared a clause for allowing compensation to the officers whose emoluments might be affected under this act, which he would propose when

On the clauses being gone through, Mr. Stewart proposed the addition of his clause for compensation" to the officers who might be affected by the provisions of the act." He stated, that he conceived that the bill would be ineffectual without it, inasmuch as the operation of the act, if properly and effectually carried out, would deprive the six clerks and clerks in court of a large proportion of their fees, and it was impossible to expect that the judges would do this unless some means were afforded to the officers for obtaining a fair compensation.

Mr. Pemberton stated, that the clause proposed would, in his opinion, be a very useful one. He understood that several of the clerks in court had paid large sums of money for their places: He thought it therefore, reasonable that such a clause should be added.

The Attorney General agreed that this was a very necessary clause, and would facilitate the carrying out the bill in a complete and effectual manner.

Clause agreed to.

House resumed, report to be received.

HOUSE OF LORDS,

Thursday, August 6, 1840.

MINUTES.] Bills. Read a second time:—Linen Manufac

tures, &c. (Ireland); Dublin Police; Postage; Highway Rates; Ecclesiastical Courts (No. 1); Stock in Trade (No. 2).-Read a third time :--Militia Pay; Militia Ballots Suspension; East India Shipping; Bank of Ireland; Isle of Man; Slave Trade Treaties (Venezuela); Notice of Elections; Attorneys and Solicitors (Ireland); Slave Trade Treaties; New South Wales and Van Dieman's Land; Pilots; Population (Ireland); Court Houses (Ire. land); Joint Stock Banking Companies; Church Temporalities (Ireland); Population; Loan Societies; Commerce and Navigation.

Petitions presented. By Lord Lyndhurst, from the Solici tors in the Metropolis, to reform the Court of Chancery.

HOLYHEAD ROAD.] Viscount Duncannon moved the Order of the Day for the House going into committee on the Holyhead and Shrewsbury Roads bill The object of the bill was the improvement of this line of road. The alteration on the road between London and Dunstable had been executed for less than the estimated sum, while the improvement. beyond Dunstable exceeded the estimate, chiefly in consequence of the purchase of lands. The bill provided, that the sum of 2,000l. which was saved on the estimate of the works between London and Dunstable should be made applicable to the expence incurred by the works beyond

Their Lordships divided on the original motion Contents 24; Not Contents 23; Majority 1.

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The Marquess of Salisbury said, had I still making, to Austria, to induce her to this bill been introduced earlier in the withdraw her troops from the territory of session, he would have moved, that it be that republic, and to restore it to the referred to a committee up stairs, in order situation in which it was placed by the to show not only the gross negligence, treaty of Vienna. All these facts were but, to use a harsher phrase, the gross admitted by Government; and when he malversation which was observable in the heard that a new alliance had been enproceedings of (as we understood) the tered into between this country and the Dunstable trust. He had many objec- courts of St. Petersburg and Vienna, tions to this measure. By the former bill which must, of course, give so much adthe funds necessary for the improvement ditional influence to Her Majesty's Goof the road were voted by Parliament, but vernment at those courts, he could not by the present measure Sir Henry Parnell, but express his extreme regret that the and four commissioners, were authorised remonstrance made by Her Majesty's Goto expend any money they pleased without vernment to those courts, earnest as they any efficient control. The noble Mar- might have been, were not attended with quess moved that the bill be committed success. However, he looked forward this day three months." with hope to the withdrawal of the Austrian troops from the republic of Cracow at no distant period, and the consequent renewal of that state of commercial as well as political independence which was guaranteed to the republic by the treaty of CRACOW.] Lord Lyndhurst had to Vienna. The petitions referred merely to present to their Lordships two petitions, the commercial character of the republic. the one from the merchants of the city of One of them was signed by merchants of London, the other from the merchants of the city of London, the other by merthe borough of Birmingham, on the sub-chants and manufacturers of the town of ject of the present state of the republic of Birmingham; and when he adverted to Cracow, with reference to its commercial relations. He had been in possession of those petitions for a considerable period, and he rejoiced that he had not presented them sooner, because, from circumstances which had recently occurred, he had some reason to hope,that events were in progress that would beneficially alter the situation of the inhabitants of Cracow. He alluded to the sentiments expressed by the noble Lord the Secretary of State for Foreign Affairs (who must be taken as the representative of the Government) with respect to the conduct that had been observed towards the republic of Cracow. That noble Lord was stated to have described the proceedings adopted with reference to the republic of Cracow as a gross violation of the treaty of Vienna, and so far an injury, and consequently an affront, to the people of this country. The noble Lord further admitted that the pretence on which those proceedings were founded was false in fact, and afforded no justification for them. It was also, he understood, stated by the noble Lord, and he rejoiced in it, that Her Majesty's Ministers took a deep interest in the prosperity and welfare of this republic; and further, that pressing remonstrances had been made, and were

Bill went through committee.

the names by which the former was signed, when he looked at one name which was affixed to the petition that he then held in his hand, he confidently expected that the appeal would be successful. The second name appended to the petition was that of a firm supporter-nay, he might add, the guide and director of Her Majesty's Government, and he could not suppose that a petition thus signed would not be attended to. The signature was that of "Daniel O'Connell, a Governor and Director of the National Bank of Ireland, No. 13, Old Broad-street." He knew that some persons were inclined to underrate the commercial importance of the republic of Cracow. but that, he believed, arose from a want of knowledge as to the geographical position of the republic, and a gross misunderstanding as to the spirit and enterprise of the merchants of this country, who were anxious to avail themselves for commercial purposes of that advantageous position.

Petitions laid on the table.

ANTI-MINISTERIAL PETITIONS.] Lord Lyndhurst had another petition to present, signed by 40,000 operatives of the city of Glasgow; and, from the statements made

present Ministers have ceased to pay off that debt, and have furthermore brought about a defalcation in the public revenue, and are now about to impose new taxes, and to make this taxation fall on objects of primary neces

to him, he had reason to believe that it | amount of several millions sterling yearly, the was so signed without any recourse to those arts which were usually resorted to on similar occasions. It was, he conceived, of the utmost importance to their Lordships that the petition of such a nu-sity to the working classes. merous body of persons of this class should be seriously considered and attended to by their Lordships. With that view he would read the contents of the petition to their Lordships. He did so, because there was no other mode by which he could fairly and properly discharge the duty which he owed to the petitioners. The noble and learned Lord accordingly read the petition.

"That Her Majesty's present Ministers came into office through the support they obtained from the operatives of this country, in the expectation they had held out and the pledge they had given, of effecting the reform of existing abuses, of retrenching lavish and insupportable expenditure, and of preserving the blessings of peace to the empire.

"That, in regard to the reform of abuses that did exist, they have done nothing of that which they promised, and that they have

created abuses unknown before. That in regard to the public expenditure, insupportable before, and which they had pledged themselves to retrench, they have done nothing, but, on the contrary, augmented that expenditure. That in regard to peace,-they found peacethey have brought war.

"That these Ministers are the first Ministers of the British Crown who have come into office through popular agitation. That, using with cruelty the power which they had obtained by perfidy, they have directed the worst rigours of the law against the very men by whom they have been raised, while in pursuit of objects identical with those which they had encouraged.

"That at the period when these Ministers obtained the management of public affairs this country was oppressed with an enormous debt, the result of the previous mismanagement of our foreign affairs, was oppressed still more grievously by the injurious mode in which the revenue was assessed, resulting from the miscomprehension of their predecessors of our domestic concerns.

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That the present Ministry have done nothing to reduce that debt, or to correct the false and oppressive mode of taxation, but, on the contrary, commenced their career by an assault upon the last remnants of the constitutional taxation of this empire. That whereas even the previous Administrations had, during peace, diminished the burden of the public debt. That whereas the Administration which immediately preceded them had

"That a degrading system of corruption has been introduced on the pretence of commissions to inquire into grievances, through which taken place, money is expended, and the peoextensive corruptions of men of ability have ple have been beguiled by delusive hopes.

"That the prospects of increased expenditure, of additional demands for troops and for ships, are presented in the colonies, at home, and throughout the world, by the universal mismanagement of our affairs, by the violation of the rights of our fellow-subjects, by the submission to insult and to outrage from foreign Powers, by the contempt into which Her Majesty's crown has been brought, and by the injustice inspired into the councils of every foreign state, through the hopes awakened of the dismemberment of the British empire

"That Her Majesty's present Ministers found the colonies of North America in a state

of tranquillity, that they have brought them into one of insurrection.

France-that they have submitted to the en"That they found this country allied to croachments of that power upon the territories of our allies, and to the violation by her of our commercial rights, and, consequently, they have placed present hostility, and laid the grounds of war, between this country and France.

"That they found Poland an independent state, and they have reduced it, suffering the violation of a treaty guaranteed by Great Britain, to the condition of a province of Russia.

"That they have suffered, encouraged, and co-operated in the progressive encroachments of Russia, while setting treaties at noughtassaulting our allies-fomenting insurrections and organizing conspiracies throughout the territories that own allegiance to your Majesty's crown.

"That by their concurrence with Russia they have overthrown the strength of Circassia, suffering on its coasts the seizure of a British vessel while engaged in lawful traffic.

"That by secret and treasonable collusion with Russia to set up her protegé on the throne of Persia, they have reduced that state to subserviency to Russia, and led it to join with her for the conquest of India.

"That they have invaded Affghanistan without a declaration of war, and for the purpose of forcing on that people a monarch whom they had thrice expelled, in violation of all laws, human and divine, as in scorn of every British feeling and interest. That they have thus laid prostrate, by treachery and violence, every barrier which withstood the advance of Russia upon India.

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