§ LORD SELBORNEsaid it would be in the recollection of their Lordships that his noble and learned Friend on the Woolsack, when explaining to the House the arrangements connected with the Court of Appeal, stated that the heads of the other Courts, including the Master of the Rolls, might be relied on during a considerable part of the year without the inconvenient interruption of the other business of the Courts. Accordingly, he had seen in the present year that the Judges, including the Master of the Rolls, had been sitting in the Court of Appeal—but from some statements which had been made in public there appeared to be an impression that the result was likely to be an inconvenient interruption of the business of the Rolls Court by withdrawing the Master of the Rolls from it in a manner hitherto unusual. He had reason to believe that this impression was founded on some misconception, and therefore he wished to ask his noble and learned Friend on the Woolsack, Whether the time devoted by the Master of the Rolls to the business of the Court of Appeal during the present sittings will have the effect of preventing his Lordship from sitting for as many days as has been usual in the Rolls Court?
THE LORD CHANCELLORsaid, he was glad his noble and learned Friend had put this Question, because it enabled him to correct what he believed to be a misconception with regard to the constitution of the Appeal Court, so far as the Master of the Rolls was concerned. It was the fact that the Master of the Rolls had given a considerable portion of his time to the business of the Appeal Court in Westminster, with great advantage to the public interests; but as to the effect that would have on the ordinary sittings of the Rolls Court, he would place before their Lordships a 1270 few figures with reference to the sittings of that Court before the Judicature Act and the present position of matters. Before the Judicature Act passed the average sittings every year of the Rolls Court extended over 28 weeks; with six days in each week that gave 168 days, supposing the Court sat every day while the sittings continued. Accordingly he found that during the 12 years Lord Romilly was Master of the Rolls' up to 1872, allowing for the casualties that would happen every year, he sat on an average during each of those 12 years 156 days. In 1872–3, during part of which Lord Romilly was assisted by the late Lord Chancellor, the sittings at the Rolls numbered 168 days. In 1873–4 the present Master of the Rolls sat 175 days, and in 1874–5 170 days. That was the state of things up to the passing of the Judicature Act—the maximum of the sittings ranged from 168 to 175. By the Judicature Act the sittings of the Court of Chancery had been very much extended. Instead of 28 weeks they had now become 34 weeks—an addition of six weeks—so that instead of sittings on 168 days they had now no less than 204 days—36 days more—for the sittings of that Court. The Master of the Rolls, he found, had sat in the Court of Appeal for 21 days, and he proposed to sit there in all 25 days; which being deducted from the 204 days, gave 11 days in excess of what the sittings ever were before in the Rolls Court. But that was not really the whole history of the case. Their Lordships were probably aware that the Master of the Rolls was a most efficient and diligent Judge, and notwithstanding his sittings in the Appeal Court, the number of causes he had already disposed of was so great that the Chambers were completely occupied, and it would not be desirable to increase the sittings at the Rolls beyond the present amount. The Master of the Rolls had three Chief Clerks and a staff of subordinate clerks, between whom the Chamber business was divided. The staff in Chambers was absolutely unable to keep pace with what was done in Court, much less could they do more than keep pace with it. He therefore had no hesitation in saying that the sittings of the Master of the Rolls in the Court of Appeal would not only be a great advantage to the public, but would not in any way in- 1271 terfere with the normal business of the Rolls Court.
§ House adjourned at Seven o'clock, to Monday next, a quarter before Five o'clock.