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Untitled Article
has seen fit to preserve and to regulate anew—of course for some good purpose , but for what you must ask Lord Brougham . They are Orders for particular incidental purposes ,, * to which a party is entitled as a matter of course , without notice to the other parties to the suit . Now is it not a crying shame that such a bare-faced
farce should survive the first Chancery Amendment Bill ; that there should still be orders drawn up , where there is neither ri ght of opposition in the opponent , or of option in the judge , and where all is * of course ; and that a new pattern for these Orders is to be hung out for our admiration and gratitude , under the guise of a wise and right renovation of things decayed , of
convenience consulted , and economy effected ? My Lord Brougham my Lord Brovigham ! is this your Judico me cremari . Fie on such false professions ! Out upon such patchings ! But let us proceed . Order XXXI . The six clerks are to make office copies of bills , one folio in a page ; and office copies of answers , two folios in a page . Surely this second Daniel can give a noble
reason why ninety words in a bill should take up as much room as 180 words in an answer . f XXXII . The common interrogatory is to be altered . This is his Lordship ' s only amendment of the detestable practice of Chancery evidence . XXXIII . allowing Masters Extraordinary to officiate within ten miles instead of twenty of London , is an improvement which has long been called
for ; but it leaves great room for further improvement . We say the less about it , believing that the good sense , good feeling , and good principle which is growing up in the land , will ere long upset the demoralizing and superstitious practice to which we have before alluded , of crediting no evidence except that deposed to upon oath . When that is disposed of , a large and expensive machinery for administering oaths will drop with it .
Here we conclude our remarks . If ever there was an explosion ending in smoke only , we have it in this eruption of the Lord Chancellor ' s . Noise enough has been made about it , and will be made , to astonish the ears , and smoke enough to blind the eyes of the people . They are little able and less inclined at any time to seek into the obscurities of the dark den over whose entrance may be placed the well-known inscription ,
Lasciate ogni speranza , voi die cntrate . ' We trust , however , that these ' words of obscure colour' will not long retain their prescriptive station , and that this great machine of mystery , with our other judiciary institutions , will be reformed and remodelled , till they all yield the desired result of the maximum of justice , with the minimum of expense and delay . Let
? They are to allow one of the patties concerned to do something which , without question , he is entitled to do , and which , therefore , he should be always allowed to do without any Order at all . f If it is answered , the difference is made 1 o leave room for amending bills , this answer is pregnant with a moral .
Untitled Article
128 Lord Brovgharris Chancery Reforms .
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Feb. 2, 1834, page 128, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2630/page/44/
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