1826.] Chancery Report. 453 



he chooses. The oommissioners propose to make tliis reference impera- 

 tive within a Hmited time. 



Well, it' the defendant, at the end of these eight days, submit to 

 satisfy the exceptions, he in his turn is entitled, in succession, to two 

 orders for time to enable him to do so. The commissioners again pro- 

 pose to get rid of one order, and give the time, obtained by tlie other, 

 without compelling him to incur the expense. But this second an- 

 swer ; if it be still unsatisfactory — what then ? Exceptions may again 

 be taken ; the same course may again be travelled over ; the exceptions 

 and the answers may be repeated again and again ; the same renewal of 

 orders, and the same repetition of fees — differing only in a small abridg- 

 ment of time, and perhaps of expense. The commissioners reform this — 

 not altogether. Let it be remembered, by the way, that none of these 

 delays at present are brought about by contumacy. The parties are pro- 

 ceeding equitably ; they are doing nothing, but what is habitually done 

 in all cases, not professedly amicable. 



The defendant's answer at last, thank God, is complete. The cause, 

 of course, now comes to a hearing ? No, no ; the plaintiff, though he 

 have no further objections to make, may not wish to proceed, or at least, 

 not to precipitate ; and he may do as he pleases. Be the defendant ever 

 so impatient, he cannot call for the dismissal of the plaintiffs bill, on the 

 ground of non-prosecution, till ihe expiration, on the average, of about 

 three quarters of a year — depending on tlie length of the terms. But 

 the defendant, at the end of that period, we hope, can force him to 

 proceed ? No ; the plaintiff can then file a replication, by which in general 

 terms, we may understand, is meant, shaping his original bill afresh, or 

 putting in a supplementary bill, and by which he gains another three 

 quarters of a year ; and the defendant, all the while, is just where he 

 was. Nor is this all ; for if, at the end of these second three quar- 

 ters, the plaintiff will give an undertaking to speed his cause, which of 

 course, if delay be desirable, he will, the defendant may even again be 

 defeated. Nay — once more, to wind through this wearisome course, if 

 after this undertaking he does not proceed before the end of another 

 term, he may still keep his suit alive, by giving a 5eco?irf undertaking to pro- 

 ceed. Then at last, but not before, if he still delay, he loses the benefit of 

 his suit. But, observe again, after all this loss of time, and expense of 

 anxiety, on the part of the defendant, let us not forget that the dismissal 

 of the bill is only equivalent to a non-suit at common-law. The dismis- 

 sal is no impediment to the renewal of the suit, if the plaintiff choose 

 to renew. The Commissioners frankly expose these enormities, and sug- 

 gest numerous regulations to mitigate them. 



The cause may now proceed. It is at issue. The parties have settled 

 their pleadings, and of course we come to an immediate decision. Stop ; 

 remember, we have not yet an atom of evidence. If the cause turn 

 upon disputed facts, both parties perhaps, or at all events one, desires 

 to produce his witnesses. Well, bring them forward ; let the court see 

 them, and hear what they have to say. No, no ; the court does not 

 wish to see them — it has something else to do ; and desires to see nothing 

 but their written depositions. But who does see them, then ? Many 

 persons. First, if the witness be a town witness, he is taken to the Six- 

 Clerks' office — to be examined by the six-clerks? Not at all ; but to be 

 presented to the seat of one of those sixty persons called clerks in court, 

 and one of whom is always fastened on the back of each plaintiff ancl 

 defendant by order of court : the witness, we say, is presented to 



