§ The Solicitor General, in moving the third reading of the Chancery Office Bill, said, he would shortly state the effects to be produced by the measures now in progress for Reforming the Court of Chancery. Thirteen offices which had long existed, and which were nearly sinecures, were abolished or regulated. The old system upon which these offices were conducted was this—there was the chief sinecurist who did nothing; he appointed a deputy, who was allowed a larger salary than 829 what ought to have been allowed to the office altogether. The following was a table of the offices and salaries abolished and reduced:—
The saving thus effected was to be disposed of in the following manner:—9,000l. to the Suitors, who were to be relieved from fees to that amount; 2,834l were to be paid to the Suitors' Fund, and he congratulated the Chancellor of the Exchequer upon the fact, that 9,736l. would be paid to the account of the Consolidated Fund. Now, it was to be remembered, that all these offices were in the gift of the Chancellor, and former Chancellors had given them to their relatives. They had even been made the subject of marriage settlements. Two of the offices (the Clerk of the Patents and the Registrar of Affidavits) were held by the brother of the Lord Chancellor, which were to be abolished instantly. The others were to be abolished as they fell in.
Present Income of principal. Ditto or Deputy, and Expences. Future Income saving. Clerk of Hanaper £2,800 £550 £200 £3,150 Clerk of Crown 1,100 1,000 800 1,300 Clerk of Patents 810 393 400 805 Registrar of Affidavits 1,800 1,000 1,000 1,800 Clerk of Custodies 1,347 375 200 1,522 Clerk of Presentations 43 100 50 93 Clerk of Dispensations 316 50 266 Patentee of Spa 352 682 1,034 Chan. Wax 1,300 400 60 1,650 Sealer 800 200 50 950 Prothonotary 100 abolished 100 Patentee in Bankruptcy 7,500 1,500 9,000 18,268 6,202 2,800 21,670 The next branch of the Reform applied to the Masters, who upon an average received 3,900. a-year from fees, &c,; they were now to be paid a fixed sum of 2,500l. a-year each; and as there were ten of them, the saving would be 14,000l. per annum. The following were the reductions in the Masters' office:—
Present Income. Future Salaries. Saving to Public. Masters' averaging 3,900l. a-year each £39,000 £25,000 £14,000 Their Chief Clerks averaging 1,300l. a-year each 13,000 10,000 3,000 The Master of Report Office 4,300 1,000 3,300 The Registrars and their Clerks 27,800 14,050 13,750 The Two Examiners 2,400 1,400 1,000 £86,500 £51,450 £35,050 The chief clerks in the Masters' office 830 now receive 1,300l. a-year in gratuities—those gratuities were charged in the bill of costs, and the bill was taxed by the Clerk himself; a plan open to very great abuse. The Masters' salaries were to be paid from the Suitors' Fund. The great complaint hitherto had been of the delay in the Masters' Office; and the great object in view was to make the Masters efficient officers of the Court. The present Masters were most respectable, honourable, and learned men; but former Lord Chancellors, considering their appointments as personal, had appointed to those high and important judicial situations persons whom they dared not have recommended had the appointment been in the King. It was now, therefore, proposed to vest those appointments in the King; and they would henceforward be made by his Majesty, on the responsibility of the King's Government. No doubt the King might act on the recommendation of the Lord Chancellor for the time being; but that officer, with all the Cabinet, would be held responsible for every appointment. By this Bill there were to be particular returns made by the Masters in Chancery to the Lord Chancellor, of the number of hours they have attended their offices, and the general state of causes and other matters in the office, from time to time, so that there would be ample opportunity of ascertaining whether those holding such important judicial situations had properly discharged their official functions. But there were still further improvements in contemplation. When the Bill had been first introduced in the other House of Parliament, it was much more efficient; but there were some parts of the Bill which the noble author of it had been obliged to drop. He (the Solicitor General) hoped, that next Session the public would yet have the benefit of them. Much had been effected by the present Lord Chancellor; and no doubt the public would appreciate the noble and learned Lord's conduct in this matter—for he had met with many difficulties—and award him his due meed of approbation.
It was proposed in future to pay the Masters from the Suitors' Dead Fund, so that the actual saving in all future suits would be the total of the Masters' present income 39,000 Savings by their Chief Clerks 3,000 Savings by Registrars and Clerks 13,750 There would thus be a gross saving to suitors in two Offices alone, of per annum £55,750
§ Mr. Lynchcongratulated the House on the great and important improvements which had been effected; but he looked upon them only as an instalment of what was due, for much yet remained to be done. He thought it would be a great deal better that the masters and clerks 831 should be paid partly by graduated fees, and partly by salary, as they made their reports and signed their certificates. He intended to propose two Amendments; one to the effect that the Lords of the Treasury, to whom the matter was to be referred, to consider what compensation should be given to those whose offices were to be abolished, should make their report within six calendar months after the passing of the Act; and the other, that the Commissioners, in their investigations, should have the power to determine whether, from the nature of certain offices, or the mode of accession thereto, any conditions could properly be imposed as to non-compensation. It was well known, that there were certain offices, such, for instance, as those in the Report Office, which were filled in gradation by the clerk, who paid on entry 1,000l.; and, from time immemorial, as higher offices fell vacant, the clerks had risen, till they became masters in that office.
§ Mr. Harveycould not, on the present occasion, withhold the expression of his sincere though humble thanks, for the alterations which had been made by this Bill in the Chancery offices. He congratulated the House the more on the great and substantial improvements which had been effected, inasmuch as it was impossible for them to conceive the great difficulties with which those who had done so much had been surrounded. Although he highly appreciated the measure in a financial point of view, he trusted that it was only subordinate to great improvements that were still to take place, and was to be looked upon only as an earnest on the part of that distinguished individual who held the highest office in the law of his substantial, sincere, and honest desire to make this Court one which he proved in reality, and not in name, a Court of Equity.
§ The Bill read a third time—Clauses added and Bill passed.