The Earl of Lauderdale,after observing that the information before the Committee on this subject only extended to the comparative increase of business in the Court of Chancery between the periods of ten years up to 1755, and ten years from 1800, moved for an account of the business before that court from 1755 to 1800, and the number of Decrees from 1755 to 1810.
The Earl of Liverpoolhad no objection to the motion, but could not consent to delay, till the information was produced, the measure in contemplation for the more speedy hearing of Appeals in that House, which he thought it was of great importance should be passed before the session closed, in order that they might begin in the next session on the new arrangement.—The motion was agreed to. The order of the day was read for taking into consideration the Report of the Committee relative to the slate of the Appeals in the House of Lords. The Report was read by the clerk at the table as follows:—"Resolved, That it is the opinion of this Committee, that it is indispensably necessary, and that it so appears to be from the great number of Appeals and Writs of Error now depending in the House, amounting together to 338, of which 296 are Appeals, and 42 Writs of Error, that a greater proportion of the time of the House of Lords should be employed in hearing Appeals, than has been hitherto allotted to this part of the business of the House; and that it will be expedient, therefore, that the House should determine to sit for this purpose at least three days in every week during the session, meeting at ten o'clock at latest on each day till the present arrear of causes shall have been considerably reduced, and subsequently two days in the week at least, meeting at the same hour. That as the above regulation will un- 335 avoidably take up a large portion of the time of the Lord Chancellor, which would have been employed in other judicial duties, as appears from the statement contained in the Appendix, of the periods during which the Lord Chancellor usually sits in the Court of Chancery, it is absolutely necessary that some relief should be afforded to him in the discharge of such other judicial duties.
"Resolved, That it is the opinion of this Committee, not only that the judicial business of the Mouse of Lords hath so increased as to require, and to be likely to continue to require, a greater portion of the Lord Chancellor's time than was heretofore necessary for the execution thereof, and therefore to disable him from giving sufficient attendance in the Court of Chancery, but that it also appears from the statements in the Appendixes of the comparative quantity of business in the Court at different periods, its judicial establishments having continued the same, that there is a considerable increase thereof, taking together the whole of the different kinds of business transacted in the Court; and that it is therefore expedient, in order to secure at the same time a sufficient attendance upon the House of Lords by the Lord Chancellor, and sufficient means for carrying on the business in the Court of Chancery, that an additional Judge in the Court of Chancery should be appointed.
"Resolved, That it appears to this Committee to be expedient that such Judge should hold his office during good behaviour, and that he should be of a rank correspondent with that of the Master of the Rolls.
"Resolved, That it is the opinion of this Committee, that it is expedient to revive the practice which formerly prevailed in the House of Lords of limiting the period in each session, after which Appeals shall not be received in that session.
"Resolved, That it is the opinion of this Committee, that it is expedient to order all the parties in the Appeals and Writs of Error, which may be depending at the close of the present session in the House of Lords, to lay the prints of their cases upon the table of the House, before the end of the first week in the next session of parliament, in order that the House may be enabled to form some judgment of the nature of the cases which have been brought before them; and that it 336 should be an order of the House that the prints in all cases of Appeals and Writs of Error should be hereafter laid upon the table of the House, with in a time to be limited after such Appeals and Writs of Error have been presented."
The Earl of Liverpool,after an able and perspicuous commentary on the necessity of adopting measures for the more expeditious transaction of the judicial business of the House, and the beneficial tendency of adopting the Resolutions recommended by the Committee, moved their lordships to agree to the first Resolution.
§ Earl Stanhopecordially agreed with the noble secretary, that every thing which tended to dispatch in such cases was desirable; but with the Resolution as now proposed, he could not agree. It proceeded on a principle that a number of cases should be left or kept untried. This, he thought, was wrong, as they should proceed until the whole arrear should be wiped off instead of "considerably reduced," as the Resolution had it; and he should move to amend it accordingly.
The Earl of Liverpoolreminded the noble earl, that the Resolution referred only to Appeals and Writs of Error. The House had other judicial business to attend to, and which occupied a great portion of, their lordships' time, as the cases of the Berkeley and the Banbury peerages this session amply evinced. There must always, from the nature of the thing, be some cases remaining untried, and he thought it would be preferable to leave the Resolution as it stood, as, when the arrear should be considerably reduced, the House could decide oh the most preferable mode of proceeding under the circumstances.
§ Earl Greyapproved of the amendment. He thought they should proceed in the most expeditious way until the whole arrear was extinguished; and that it would be proper to introduce into that part of the Resolution, instead of the present words, the following: "Until the then existing arrear of causes shall be extinguished."
The Earl of Liverpoolrepeated his argument in favour of the Resolution as it now stood; and thought it would be better to leave the point to the subsequent discretion of the House, according to circumstances, as they were now guided in several other points of a nature nearly similar.
§ The question was then put on an Amendment, as suggested by earl Grey, which was negatived without a division.
The Earl of Lauderdalerecurred to his former argument, that the House had not sufficient information before them, as to the business of the court of Chancery, to warrant the adoption
The Lord Chancellorbriefly observed upon the vast increase of the number of Appeals in that House since the periods adverted to by the noble earl: it was ten fold.
The Earl of Lauderdale,in reply, contended, that the information required was essentially necessary, to enable the House to form a judgment of the merits of the question. When lord Lough borough presided in that House, there was only one year of Appeals in arrear, and yet they had no information as to the state of the Chancery business at that period. He meant not to speak either in praise or depreciation of the conduct of any noble lord while in that situation. He only wished they should be informed as to the matter of fact.
§ Earl Grey,referring to the increase of balances in the hands of the Accomptant General, observed, that it was no proof of the increase of the general business of the court of Chancery.
§ Lord Redesdaleentertained a contrary opinion. That increase, combined with many other notorious circumstances, demonstrated an increase of business in Chancery. It was increased also in consequence of the additional business thrown upon the court by the various acts of Parliament.
The Resolution was then agreed to; as were also the remaining Resolutions.