LORD BROUGHAM, in presenting a Bill to give primary jurisdiction to the Masters in Ordinary of the High Court of Chancery in certain cases, said, he had frequently had occasion to mention to their Lordships a saying of Lord Bacon, and he would repeat it for the comfort and encouragement of those of their Lordships who were interested in the amendment of the law: "No good proposal," said that great man, "for the amendment of the law was ever fruitless and lost, for although at first it might not be adopted, it was sure in the end to produce good fruit." His noble and learned Friend (Lord Lyndhurst) made a statement the other night in their Lordships' House on the important improvements which had taken place in the course of proceedings in the Irish Court of Chancery, as the result of the Act which had recently come into operation for regulating the administration of justice there. His noble and learned Friend stated that the measure appeared to have given universal satisfaction to plaintiffs as well as defendants, which was proved by the fact that there was hardly any interruption given to the practice of proceeding by petition instead of by Bill, cither on the part of the suitors or that of the Judge. He (Lord Brougham) was not aware of the intention of his noble and learned Friend to bring the subject before their Lordships on Monday night, and therefore he was not prepared, in the statement he then had made, to sift his account of the working in Ireland of the Bill of the present Master of the Rolls, and to compare the provisions of that Bill with the provisions of the Bill which last Session he (Lord Brougham) had laid before their Lordships—which had found acceptance from their Lordships—which had passed through all its stages without any opposition whatever, except 447 the doubts expressed by his most learned and able and much lamented Friend the late Master of the Rolls (Lord Langdale), which doubts upon further consideration had been so far removed, that he bad waived any objection to the measure: so that having passed through that House without any opposition, it went to the other House of Parliament, where it was dropped from; accidental circumstances, such, he presumed, as existed at a late period of the Session. That Bill was almost identical with the Act of the Master of the Rolls; and every one of the facts which had been stated by his noble and learned Friend two nights before, told most decidedly in favour of the measure, which therefore he (Lord Brougham) now again submitted to their Lordships. It had been found from experience of the Irish Bill that every one of the objections which his learned Friend now no more had urged against his (Lord Brougham's) Bill, were groundless. He was sure it would have the assent of their Lordships; and he had a right to expect the concurrence of the other House of Parliament in the Bill, which he now begged to lay on their Lord ships' table. He had only to add that the Bill was most carefully prepared, and that he (Lord Brougham) took no credit for the manner in which it was framed. It was prepared by a learned relative of his (Master Brougham), who had been for twenty years a Master in Chancery, who had examined the whole subject with the greatest care, and in concert with the great body of London solicitors, and he with them bad digested the details and framed the Bill which he (Lord Brougham) had the honour of presenting to their Lordships. The main object of the Bill had reference to suits of administration, and to supply the defects of the existing system, but it extended to other suits, that is, to such as were in reality uncontested, and yet entailed by the present practice great delay and heavy expense on the parties. An administration suit, be it for 50l., or 100l., or 10,000l., or however great or trifling, could not be proceeded with a single step in the Court of Chancery under an expense of between 100l. and 200l., and yet such suits must be brought if parties would be secure, because, in consequence of a decision at the Rolls, and another decision in the Court of Chancery, no executor or administrator could by possibility be secure unless he administered under the sanction of that Court. 448 In consequence of the grievous expense, it was found by examination in the will and probate offices, that four out of five of those bills never were brought into court, because the parties could not bear the expense; so that in the vast majority of cases executors and administrators took the great risk upon themselves; whereas the object of the present Bill was to enable parties to act without all that grievous and oppressive delay. Instead of parties being subjected to such grievous expense by this Bill, the necessary measures might be taken at an expense of 5s. or 6s., without any delay. He would move the first reading of the Bill.
§ LORD CRANWORTHfelt there could be no doubt about the extreme importance of this Bill, and thought that any suggestion which came from so distinguished a Member of the House as his noble Friend opposite was deserving of the most serious attention; but there was one circumstance to which he (Lord Cranworth) begged to call their Lordships' attention in reference to this proposal; it was this—he did not think that a case in England stood precisely in the same position as in Ireland. The late Lord Chancellor had introduced a new and summary mode of proceeding in the Court of Chancery, by the New Orders which had been issued by him, a mode of proceeding which was quite as expeditious as that adopted in Ireland—of proceeding by petition; and it appeared strange to him, that if the mode of proceeding by petition was so preferable, the noble and learned Lord opposite had not adopted it in his present Bill.
LORD BROUGHAMThe reason why I do not take the proceeding by petition is this—the cost is 15l.; and this relates to uncontested suits, for the purpose of administration.
§ LORD CRANWORTHIt is better, perhaps, to say nothing until the Bill is before us. The other measure has been in operation less than twelve months, and we should allow it to have a fair trial before we introduce another mode of proceeding to remedy the evil complained of.
LORD BROUGHAMbegged to explain that there was no interference whatever by his Bill with the New Orders of Lord Cottenham.
THE LORD CHANCELLORbegged to say, in reference to the observations made by a noble and learned Lord (Lord Lyndhurst) on a previous night, with respect to the state of Irish business, that the ma- 449 jority of the petitions filed were proceedings under the Encumbered Estates Sale Act.
§ Bill read 1a.
§ House adjourned till To-morrow.