MR. OSBORNE MORGAN (for Sir Henry Jackson)asked Mr. Attorney General, Whether his attention has been called to the case of "Cave v. Mackenzie," in which Mr. Baron Huddleston, at the Chelmsford assizes, refused to try an issue of fact directed to be tried there by the Master of the Rolls, and in which the Court of Appeal has determined that they cannot decide between the conflicting views of the Master of the Rolls and Mr. Baron Huddleston on the jurisdiction and obligation to try such issues; and, whether the Government are willing to remove the difficulty by legislation?
§ MR. MARTENasked Mr. Attorney General, Whether his attention has been called to the observations of the Lord Chief Justice of England on Friday last in reference to the proposed trial at the Cambridge Assizes this week of an issue directed by the Master of the Rolls in the case of "The Local Board of Bishop Stortford v. Street and Another," and whether he is prepared to recommend any alteration of the law to prevent the difficulty which has arisen?
THE ATTORNEY GENERALSir, my attention has been called to the case referred to in the first Question. I imagine, however, there has been some misconception, or some degree of misconception, with respect to it. It appears to me, from statements which I have received, that Baron Huddleston did not decline to try the issues directed to be tried so much because he considered that, under the Judicature Acts and the Rules made in pursuance of them, the Master of the Rolls had no power to direct that the trial should take place at Chelmsford, though he may have entertained some doubt on this subject, but because, owing to the state of business at the Assizes, it was absolutely impossible to dispose of the issues alluded to without interfering most unduly with other causes standing for trial, and legitimately belonging to the Essex cause list. In reply to the second Question, I have observed that quite recently—I think on Friday last—the Lord Chief Justice announced his intention of trying certain issues directed by the Chancery Division of the High Court to be tried at the Assizes, if the state of business would admit of this course being pursued without injustice 1817 to other suitors. I think there is no necessity for any further legislation upon the matter. If any difficulty or inconvenience arises in consequence of causes being sent to the Assizes for trial, such difficulty and inconvenience may be obviated by rules to be framed by the Judges under the powers they already possess.