Show ionn ni s OKI sair ie 1 ti I I 1 from the london it is ia of courso course impossible until mora more time has elapsed to fully or even appreciate so largo a asi that which was on thursday laid before the peers by lord bel borna all that we can say bay of it is ii that the chancellor has proposed a very largo large measure inci mure I 1 appears appe arf to remove most DOI or of th the a omitting administrative impediments to lo the distribution of justice which will greatly facilitate procedure anti ami which at the same game time desposs a little as aa possible of what exists lord selborne sweeps away nothing but fuses everything lie iia removes for example nil ell tho the existing difficulties created by ton eon flicks alieta or complications of jurisdiction by fusia fusing g tho the court of chancer chancery the holla court couri the court of queens a bench common and exchequer the probate and divorce court the A admiralty d rally court and the court ol of bankruptcy B an I 1 into one greit great court to bo bai c called 1 l C d I 1 abe h C high court this court will be divided into chambe rs answering very ten close 3 to the existing eluting courna but being one can arrange its business uAti io so as aa to meet the suitors auit ori can avoid hoy any conflicts of jurisdiction and can administer one common system of law the distinction law and equity being practically abolished tord lord Sol colborne borne docs docs not indeed tase fuse those two systems 5 s for ile he thinks trials their distinction useful in certain caari notably in that thai of trusts but the high court is to administer both system or as the chancellor describes it firt it will give i effect to the equitable rights and rein e lic 3 01 at iffa secondly it will do I 1 tho h samo a 1 in regard of equitable defences defenses de fences by defendants abir thirdly it win will give effect to counter claims of 11 fourthly it will take incidental notice of the equities of other parties fifthly it will stay proceedings by its own order I 1 thus doing away with tho the to stay by injunction it will give eff effect oct to lecal rights anil and remedies and lastly it will mill by rule rude prevent a multiplicity of proceedings there will be no lie need pf af application from one court to mother another as is 18 now tile M case 0 when for instance an injunction is desired deb ired because eveaj abing connected with a suit buit vi will bo be taken b before fore the court Coo nhat that is n dealing wit with h I 1 it L I 1 the abc high court will in fact decide in each case all the points that can be raised sod and lay tho the bases of a combi combined ld system which it willbe will bo comparatively easy to change into codes of law and procedure thi in faccas fac tAs the grand brand merit of the chancellors plan that without too much disturbance of exists ceist i ing systems it the way towards one far more himple dimple intelligible and just both as to law and as to procedure whether the judges will ap approve prOVO the new education forced upon thaw them j whether will like tho the aboh abolition tion of their old sub division dicki oo and whether the tha lawyers will liked like partly attly to relearn their trade are different matters but the public will approve the change awl only regret that it ut will 1 I 1 not b be 0 carried further and come into operation mua more speedily lord selborne Sol borne I 1 0 introducing it a year after afier his acta act has been accepted but lord i iia sometimes some mes fl A angul nel man malfred malf and Rod wyah mitat with tho the mass of details to te be settled the professional wen men to la instructed and the buildings to be erected the country will be fortunate if the ailigh high court is ia in active operation by ISSO j with the constitution of the alig high court the work or of construction ruction ought in theory to terminate ate tho the whole hub eject courts being beine open ty I 1 the ciarlo that an appeal is iba a surplusage and a nui mince I 1 if a court is is competent to declare the law it ought to declare it and make a swift cheap and fitial end or of the suit before it it there ia no it should not do so BO when litigants are arc rich than when liti atias aro are poor and i tho the right f appeal now below belongs only to th the erich rich the lawyers however will never let this be and they have much to plead upon their tide side what with the constitutional tradition ii J tho the complexity 0 of f the law the occasional weaknesses tf of tho the bench and tho the temptations to which a final high court with its frightful powers would expose the legal profession it is belter to allow ao an appeal and lord selborne proposes therefore to reduce the nuisance to a mim minimum I 1 ile constructs a birong appi ate court z noto all this the im imperial cuhrt ric or the royal lloyal court to consist of fit the lord Chance chancellor flori four peers who have held judicial office tho the lord chief justice the bord fjord chief J justice of the common alemi the lord fiord chief baron the bleter Maat crof of the roil the lour ajl judges of the privy council two lords justices of or appeal in ia chancery three judges vi be 14 transferred frow from ili the C courts of if cirill instance and d any pasted e I 1 judges Judge bl the el class ev darned J ty by the crobo royo and nd male its final there is to bo be alj only one appeal ii instead istead of the three or four our now some heard wo have four courts court of deviow tho chamber the court of appeal in chancery chancer 11 four our Lorda hipa Il ilou otise se AM t dd the ya judicial u acial committee of tho privy council heo bec courts give to the tha dissatisfied bulter tl al not in all caban the opportunity ofa of a double appeal in admiralty cases there Is ii only one appeal to the judicial committee Com millee of tho the privy council in lunacy cases cam s there its ia only one appeal to tho judicial eliut ants cases of common law gujt go through avala appeal they jowl fiert go to the chamber mid and in over every cac ale chero an 14 lu ilia exchequer chamber Uha niler it may alo abo it be C brought brough ttO to this thin how it la is not so i in chancery layl in ancery casai caroi there it in an option ettic F rally fur for ho he eil cil clr cpr to cm W t ali ileac or if lie prefers irice iri fers cr it to a court it alicas in but every ur ul I 1 llyal aliat liat court 11 subject to au all air peal to kliu I 1 louse house therefore there 6 n genc generally rally a ot of double append fur the the apt j tion liun of f tile aliu 0 o of cords ceases to its EXI arl I 1 jurisdiction of the judicial Julic idl Col cumin litia atee 01 0 the privy coun cil to ajr aa iiii in all ati liters aira not caya corbeil to clist and alij the alio appellee appell me jurisdiction III br ibo same wy over lnla lul and the cul in to cle ceacil to in all al iut but nimi the decleo will nill 10 givel by the krivy council air the rqn fl nain 3 a 1 t poaul blut s it al of I 1 anlu I 1 ita licia tile relin elt ol of ibis nominal b a alual to tn a ti t ora cn l duty but I 1 alie ile actu will deceja according to the courts Coi irla alvice advice there lit n in foci fler 1 I if two awn ocal 1001 exceptions axi scotland avid anil ire lind estul onn exception af f fc CC cl lobe 10 lo 10 ticul api ali PL Im ate cot court r lor for be arili li empire an immense leith anil and legislators have fir IT cars in vain |