Objections to the Project of Creating a Vice-Chancellor of England

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T. Cadell and W. Davies, 1813 - Courts - 44 pages

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Page 6 - That it was expedient, in order to secure at the same time a sufficient attendance upon the House of Lords by the Lord Chancellor, and sufficient means for carrying on the business in the Court of * The Duke of Gloucester, the Duke of Somerset, Lord Cowper, Lord King, Lord Stanhope, and 1 voted for theni.
Page 10 - ... him his own opinion, and to have affirmed the decree, from deference, not to the reasons of the judgment but to the character and authority of the judge. When it has been proposed to separate the offices of Lord Chancellor and Speaker of the House of Lords, it has been always objected to such an expedient, that as the House of Lords is a court of appeal, it is highly necessary that the person who presides in it, should have his knowledge of the law kept constantly refreshed, and the habit of...
Page 30 - Seal should be committed to a mere politician, to some second Lord Shaftesbury, who would consider the administration of justice as a sort of troublesome appendage to his office, and who would .profess the utmost contempt for the vulgar rules of his Court ; * but such an appointment will give little scandal when there shall be two permanent Judges at hand to transact the ordinary business of the Court, and when habits of close attention and of continual mental exertion shall no longer be found to...
Page 9 - ... the appeal will lie from a judge, a perfect master of the law he is to administer, to one who has but an imperfect recollection of it ; from one who has never departed from what may, if the expression be allowable, be considered as his native court, to one who has migrated into another place, and returns as a kind of foreigner.
Page 10 - Or if that effect shall not really have been produced, there will always be a notion prevailing that it has. The suitor who has had a decree in his favour, and who sees it reversed, will be disposed to observe that the judge of the most experience is most likely to have well understood and to have properly decided his cause : and the appellant, whose appeal...
Page 32 - ... thereof, agreed to employ the plaintiff for two years for the purpose of demonstrating and placing the patents on the market, the defendant covenanting to pay the plaintiff a certain sum per month and expenses during the two years, and to give him a share of the profits, and the plaintiff covenanting to devote his whole time and attention to " the business of the defendant.
Page 13 - I he court is about to rise. The Master of the Rolls, therefore, will be trusted with the decision of important questions only when they are presented to him upon the solemn hearing of the cause, after an examination upon interrogatories, and what passes in the Court of Chancery by the name of a cross examination of witnesses, while the same questions will in a summary way, upon affidavits, be disposed of by the Vice Chancellor, his inferior...
Page 31 - Not looking at this prdject with all the indulgence of your Lordship, I cannot but feel great apprehension, that if it shall be adopted, the time may not be very distant when the art of skilfully managing a debate, or of dexterously conducting a court intrigue, may be the strongest recommendation to the highest office of Judicature.
Page 36 - But really, my Lord, this is an objection wholly unworthy of consideration. If the arrangement proposed be advantageous to the suitors, it matters not how it may affect their counsel. As well might one object to a law which was calculated to check the. progress of...
Page 11 - ... of applying its rules unrelaxed, and that this can be secured only by his being in the daily habit of administering justice in a subordinate court. But the expedient now resorted to will be attended with that very evil which it is supposed to guard against, and with this additional disadvantage, that the person who so presides is to be an incompetent judge in two Courts of Appeal instead of cne.

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