§ Mr. Abercrombyhoped the right hon. and learned gentleman would not press the proceedings on this bill in the absence of so many hon. and learned gentlemen, now on the circuit, who had taken a deep interest in the measure, and who were best qualified to judge of its practical effects.
The Master of the Rollssaid, he had no desire whatever to press the bill in the absence of those who might wish to express their sentiments upon it. If, however, the second reading was deferred until after Easter, he feared it would be too late in the session to forward its necessary stages through the other House.
§ Mr. Abercrombycould not see that there was any ground for apprehending such a result. Ample time, he conceived, would be afforded to the bill, if the second reading was deferred until after the holidays. He did not think that his learned friends, now attending their duty elsewhere, would be fairly treated, if they were not allowed an opportunity of expressing their opinions upon this bill before it passed into a law.
§ Mr. M. A. Taylorhoped that the right hon. and learned gentleman would yield to the suggestion thrown out, and consent to postpone the measure.
The Master of the Rollssaid, that the only object he had in view, was to render the bill as perfect as possible, and that every information should be given upon the subject. He had no wish to derive any benefit from the absence of any hon. members; but he thought that, on other grounds, he ought to be acquitted of all 5 blame. The commission upon the Court of Chancery had sat for two years, and the report of that commission had been two years upon the table of the House. Last session, he had moved for leave to bring in a bill, grounded upon that report; which had been abandoned. It was, however, well known, both to the House and to the profession, that the bill was founded upon the report, and he had already given an explanation upon that point. On the very day that he had taken his seat this session, he had given notice of his intention to bring in this bill, and when he did so, he had expressly stated to the House, that he did not act solely upon his own opinions, but upon the report which had been laid before the House. Gentlemen, therefore, had had every opportunity of considering the subject, not only with respect to its principle, but its entire details. So far was he from wishing to act otherwise, that when he brought in the bill, he had gone out of his way and got the principal parts of it printed and circulated amongst the members of the profession. They had now been a fortnight in the hands of members, and the House was in full possession of every thing which was necessary to be known. He was aware, however, that he must sometimes give way, not only to what was just and necessary, but to prejudice; and he should feel extremely sorry, that misrepresentations should go abroad, which would be the case, if he shewed any disposition to have the bill passed, without allowing every opportunity for discussion. He was desirous, as far as possible to guard against misrepresentation; and desirous, also, as well to promote the public advantage as to accede to the wishes that had been expressed upon the subject. He would postpone the further consideration of his bill to an early day after the recess; but he hoped that, when it was brought forward, every facility would be given to its progress, lest, if it should be brought into the other House at a late period of the session, that circumstance should afford the means of completely frustrating the measure. He feared there might be found those who were not very cordial supporters of the bill; and it might be alleged, that a measure of such vital importance should not be brought before the legislature, at a period when there was not a sufficient opportunity for its due consideration. The right hon. gentleman 6 concluded by postponing his motion to the 4th of May.
§ Sir J. Newportwas surprised to hear any apprehension expressed respecting the probable fate of that bill in the other House.
§ Mr. M. A. Taylorsaid it was immaterial whether the measure was postponed or not, as he doubted whether any benefit would result from it. Those who were at all acquainted with the business of the court of Chancery, knew right well that this bill was made use of as a tub to catch the whale. After the very little that had been done heretofore, he hoped hon. members would not place much reliance on any promises that might be made with respect to the effect of this bill on the proceedings of the court.