§ House in Committee on the Bill.
§ On Clause 19,
§ MR. WORTLEYsaid, he conceived that this clause did nothing more or less than convert those local judges into masters in Chancery. The clause was to the effect that the judges appointed under the Act should perform certain duties, and make certain inquiries and reports in causes depending in the High Court of Chancery. It, in fact, virtually made them masters in Chancery; and though it might be a good thing to have local masters in Chancery in the country, yet it would be a most important change in the Court of Chancery, and if at all made should be effected deliberately, and as a portion of a measure for reforming that court. But to introduce into this Bill a clause which the Legislature had scarcely an opportunity of considering, was extremely questionable. If the Government chose to persist in it, he would not divide upon it, but it appeared to him to introduce an extensive change in the Court of Chancery.
The ATTORNEY GENERALsaid, that the exercise of the power to which the attention of the House had been called, would depend upon the Lord Chancellor, who would not set that power in motion except he was satisfied of the expediency of doing so; but at the same time it was well to give notice to the gentlemen who would be appointed judges that they might hereafter be called upon to discharge the duties referred to in the clause. There were many cases in the Court of Chancery where the fund was so small that the expenses of an inquiry in London would exhaust the fund; whereas that expense could be avoided if there was an authorized party in the country to examine the witnesses on the spot, and in point of principle there could no objection to it.
§ Clause agreed to.
§ The remaining clauses of the Bill were agreed to. The House resumed. Bill to be reported.
§ House adjourned at Eleven o'clock.