§ THE EARL OF SELBORNEasked the Lord Chancellor, Whether any steps are likely soon to be taken to carry into effect the recommendations of the Committee, lately presided over by the Master of the Rolls, as to the business of the Chancery Division of the High Court of Justice? The noble and learned Lord said that the Committee, which consisted of the Master of the Rolls, Mr. Justice Kay, the late Mr. Justice Pearson—whose name he could not mention without expressing his sense of the eminent judicial services of that learned and excellent Judge, and of the great loss which the country had sustained by his death—Mr. Justice Stirling, Sir Horace Davey, and four other gentlemen, made their Report on August 7, 1885; and though there were some differences of opinion, the conclusion they carne to was that it was clear that the actual number 1592 of Judges attached to the Chancery Division was unequal to cope with the business, and therefore they thought it necessary that the Chancery Division should be reinforced by an additional Judge. That might be done in either of two ways—either by transferring a Judge from the Queen's Bench to the Chancery Division, or by increasing the whole number of Judges. He found that the number of causes standing for hearing on the 16th of October, 1884, was 842; on the 23rd of May, 1885, 667; at the beginning of the present Trinity sittings 786, above 100 more than in May, 1885; and on the 20th of July, 1887, the number was 826. He thought their Lordships would be of opinion that under the circumstances it was desirable that steps should at once be taken to do whatever could be done to accelerate the despatch of business in that important Division of the Court.
§ THE LORD CHANCELLOR (Lord HALSBURY)said, that the Report was brought under his notice some time ago, and he had considered it. It was impossible not to feel that much depended on the appointment of an additional Judge; and he quite agreed that it was absolutely essential, in order to clear off the arrears, that additional assistance should be given. Much injury and additional cost was caused to suitors by the present state of things. They had to come up from the country once, twice, and perhaps oftener, to have their cases disposed of. The difficulty of dealing with this matter was the state of business in the other House. There was a power to appoint an additional Judge under the 18th section of the Appellate Jurisdiction Act, by an Address of both Houses; and he was prepared to move their Lordships' House in the matter. After communication with the First Lord of the Treasury, it was impossible to say whether time could be found in the other House for a Motion upon the subject. Although it was a very urgent matter, there were other even more urgent questions; and, in the present state of business, his right hon. Friend informed him that it was impossible to name a day for making such a Motion, though the opportunity might occur before the Session came to an end.
§ LORD HERSCHELLsaid, be thought that those who were averse to making 1593 this change were not sufficiently alive to the frightful injury which the present state of affairs was inflicting on suitors.