THE 



MONTHLY MAGAZINE. 



Vol. I.] MAY, 1S26. [No. 5. 



CHANCERY REPORT.* 



This long looked for communication has been expected witli extreme 

 impatience, not for any alleviation it was likely to bring with it, but as 

 the signal for resuming and prosecuting such measures as must eventually 

 enforce amendment. The Commission itself Mas appointed, we will not 

 say merely to stay the public clamour, or elude the public ^indignation, 

 but, we may safely affirm, in consequence of the growing dissatisfaction 

 excited by the pertinacity of the court ; and so long as the Commission 

 was sitting, and known to be actively, however impotently, pursuing its 

 vocation, with no propriety could any farther steps be taken by those 

 whom nothing but thorough reformation will silence. Never for a mo- 

 ment has the hope been indulged by the prejudiced or the unprejudiced 

 part of the country, that the labours of the Commission would supersede 

 the efforts of men who are resolved to persevere till they bring about a 

 beneficial change. The general impression, too, undoubtedly is, that 

 nothing short of a complete re-creation — the abandonment of the present 

 practice, and the adoption of a new one, not merely in form but in 

 principle, can work any satisfactory result ; and the members of the 

 Commission, however able and honourable, are too notoriously and 

 professionally bound to the support of the existing system to hope for 

 their hearty concurrence. Nothing but palliatives could be expected 

 from them. They will, of course, take shelter in the terms of their 

 instructions, which limit their inquiries, first, to the means of shortening 

 the duration and lessening the expense of equity suits ; and next, to the 

 consideration of what may be usefully withdrawn from the jurisdiction 

 of the court. These instructions will be interpreted even to preclude 

 any bolder attempt; but had the members been of a different — of a more 

 unfettered cast, those terms might have admitted an ampler latitude of 

 construction, and doubtless would have been construed more fearlessly 

 and liberally; for it is by withdrawing, that much of the mischief mani- 

 festly may best be checked ; but of this license of construction so little 

 use have the Commissioners made, that they have almost declared 

 nothing can be safely withdrawn. 



" Voluminous and vast " as is the Report — enough almost to smother 

 the subject, and more than enough to daunt many a gallant inquirer— it 

 is a good Report, communicative, thougn not complete ; — it is, moreover, 

 an honest Report. In every stage of a Chancery suit, abuses are pointed 



* Report made to His Majesty by the Commission appointed to inquire into the 

 Practice of Chancery, printed by order of die House of Commons, 9th March 1326- 



M. M. New Series.— Vol. I. No. 5. S M 



