APPOINTMENT OF A VICE-CHANCELLOR BILL. (Hansard, 24 February 1851)

§ LORD LANGDALE

My Lords, I move your Lordships to give a second reading to the Bill for the appointment of a Vice-Chancellor in the room of Sir James Wigram.

It seems useless, and would therefore, be improper for me to occupy any time in proving a fact now universally admitted, that the assistance of an additional Judge in the Court of Chancery is necessary. It is acknowledged, not only by the unfortunate suitors whose causes (ready for hearing) cannot now be heard, but by all who know anything upon the subject—by Judges, Counsel, and Solicitors. I think that, without exception, I have never known so great an unanimity upon such a subject.

It seems also unnecessary to state at length the causes which have led to the great arrear of business which now exists. Whatever the causes may have been, there is an arrear which plainly obstructs justice; and I submit to your Lordships, it is the duty of Parliament to provide a remedy. Some indication of the cause may, however, be of use.

One cause, undoubtedly, is to be found in the interruption to business which was occasioned by the illnesses of the Lord Chancellor, and of two of the Vice-Chancellors during so long a period of the last year—and in the absence of any usual and regular means possessed by the Court of Chancery, of providing judicial assistance during such occasional interruptions.

But a still greater cause of the existing arrears is, in my opinion, to be found in the nature, weight, and complication of the new business which has lately been thrown upon the Court—partly by the Acts of Parliament which are called the Winding-up Acts, and partly by the great litigation which has arisen from the transactions of railway companies and other joint-stock companies; and the great uncertainty of the law applicable to such companies and their transactions. The Legislature has 891 constituted, or sanctioned the companies, and has connected the transactions of many of them with the performance of important public duties; but has not, or, if ever, has rarely, pointed out the extent to which, or the manner in which, the jurisdiction of the Courts of Law and Equity is to be applied to the cases which arise.

The Court of Chancery having jurisdiction to apply the law relating to partnerships, constituted for purposes unconnected with the discharge of public duties, and consisting of a limited number of partners, is continually applied to for its interposition and assistance in eases supposed to be similar, with reference to the transactions of partnerships consisting of an indefinite number of persons, and frequently constituted for public purposes, or connected with duties of public obligation; and the difficulties which arise are such that in very many cases, the Judge before whom they first come, can neither know what the Legislature (which has not spoken) intended to leave to his decision or judgment—or what may even probably be the view which may be taken of the subject by any other Judge before whom the same or like cases may be brought.

In such cases it can hardly be said with truth, that there is any law at all—any rule of right or wrong. And until the numerous and perplexing questions which are constantly arising shall be settled by authority, or some legislative remedy shall be provided, I am afraid that cases of this kind will occasion arrears which the remedy I now propose cannot prevent.

I have mentioned the subject, in the hope that the attention of your Lordships may be directed to it on some future and not remote occasion.

But for the present, assuming that your Lordships will not doubt the necessity of giving to the Lord Chancellor the assistance of an additional Judge, in the room of Sir James Wigram, whose loss is so deeply regretted by the profession and the public—and being myself of opinion that every day's delay is a grievous and unnecessary, and therefore, indefensible obstruction to the course of justice in the Court of Chancery—I gave notice of my intention to move for the suspension of the Standing Orders, in the hope of passing the Bill quicker than it could otherwise proceed. I regret to find that this proposition is not acceded to, and that further delay cannot be avoided; but as such is the case, I must content myself with mov- 892 ing, "That this Bill be now read a Second Time."