CHANCERY ABUSES: THE MASTED.? OFFICES. Lincoln's Inn, 13th June 1850.
Sot—Since I last addressed you, I have watched with some anxiety the proceedings in regard to the Court of Chancery, on the part of the Judges and the Members of the Legislature. It is really surprising how adroitly one and all escape from grappling with the monster evil, the delays in the Masters' Offices, with their attendant expense and heartrending vexation. The very day utter I lest-wrote to you, there appeared in the Jurist, a case (Style v. Guy) where the decree directing inquiries and the taking of execu- torship accounts was pronounced in 1b32, and the order of the Vice-Chan- cellor upon the report was made in Juno 1848—after an interval of sixteen years! What must have been the state of misery, and probably of destitu- tion, of the persons who are interested in this estate staring that long in- terval; and yet, so usual is it to meet with such cases, that it called for no remark either on the part of the counsel or the judge. Mr. Page Wood, indeed, pointed out from the returns made at his instance, the enormities which prevail in the practice of the Masters' Offices-888 warrants in one cause, 273 in some, 240 in others, and many of them only to be obtained at an interval of six weeks; but, such has now become the habit of bandying compliments, that Mr. Wood compliments Mr. Turner for enabling a person interested in a residuary estate to escape from going into the Masters' Office before he can have an abstract question as to his rights decided ; leaving him, however, to the Musters' Office to obtain the fruits of that decision, there to go through the ordeal of 273, possibly 888 warrants, excepting so far as the practice may have been amended by the new orders, which also are made the subject of encomium. I have no hesi- tation in saying—and I have the experience of the twenty-two years that have elapsed since the orders of 1828 were issued to back me—that the order to which Mr. Wood refers (the 3d and 4th of those which were issued on the 3d of June instant) will be just as inefficient, I might say useless,. as thi 50th to the 58th of the orders which were issued in 1828; of which, indeed, the 3d and 4th orders of the 3d of June instant are but a repetition, couched in different language. Sir John Romilly seems to be impressed with the he- ceinity of a radical reform in the Masters' Offices; and, looking to his Irish bill, and the language he has uniTormly held in every debate on the Court of Chancery during this session, I have hopes that Ile will yet be induced to apply himself to the subject. A glorious opportunity ap- pears to present itself under the new arrangements consequent upon the retirement of Lord Cottenham. Lord Langdale, it is well known, has coa- sidered the entire subject of the administration of justice ; end klr. Baron Rolfe, as every one is aware, will come into his high office with a disposition as well as the ability to effect all that can be done for improving the ad- ministration of justice ; nor will the Vice-Chancellor of England be found disposed to throw any obstacles in the way. That -three eminent persons may be induced to turn their attention to the kla.,ters' Office, and to effect a real reform there, without contenting themselves with merely paper reform', must be the earnest hope and desire of every Chancery suitor, as it is of
Previous page
