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ERCANT

LIBRARY
PHILAD
MEMOIR

OF

HENRY LORD LANGDALE.

CHAPTER I.

LORD LANGDALE IN THE HOUSE OF PEERS.-TAKES CHARGE OF VARIOUS IMPORTANT BILLS. HIS INDEPENDENT COURSE.-MEMORANDUM ON

LAW TAXES.

Ir is now necessary to view Lord Langdale as a member of the Hereditary Legislature and on the Bench. It has been seen that he unwillingly accepted the Peerage, and he was little prominent in the House of Lords; as he thought it inconsistent with the dignity or sacredness of the office of judge to meddle with politics. He, therefore, abstained from entering into all political and party questions. The days are happily gone when the judge was selected for his political tendencies, and when, in order to hold his place, which was granted durante bene placito, he found it necessary to carry his partizanship beyond the bounds of strict judicial propriety.

VOL. II.

B

Whenever Lord Langdale attended the House of Peers, or spoke in that assembly, which on the whole was not more than thirty times, it was always upon points connected with the administration of the law; and several important and beneficial acts were passed under his advice and superintendence.

As early as January, 1836, he was requested by Lord Melbourne to see to the preparation of several bills that Lord Brougham had undertaken to introduce, but which the state of his health prevented. Lord Langdale cheerfully complied, as is seen by the following letter to the Premier:

"MY DEAR LORD,

10, Upper Grosvenor Street, Jan. 30th, 1836.

"I will take the earliest opportunity of conferring with the Attorney-General on the several bills which you mention, and on every occasion in which legal reform is in question, your Lordship may be assured that I will give the best attention in my power to the subject.

According to my present impressions the Bill for Regulating the Execution of Wills, is, if not quite, very nearly in a fit state to be safely and properly recommended for adoption. The Bill for Abolishing Imprisonment for Debt, though right in principle, does not (at least the last form of it which I have seen) appear to me, to provide the requisite machinery for the effectual and faithful realization and distribution of the assets of the insolvents. If I correctly remember, that defect was in some degree admitted, and attributed to the rejection of the Local Courts Bill. And as to that

bill, it does not appear to me, that it has been reduced to a form in which it can be recommended. The establishment of local courts is, in my opinion, absolutely necessary for the due administration of justice; but they will require many safeguards, which do not seem to have been sufficiently considered. The present state of the law is such, that if administered by numerous judges, there would necessarily be great conflict of decision and great confusion, and there are no adequate Courts of Appeal. A simplification of the law to be administered, in order that the local judges may have easier rules for their guidance, and an establishment of Appeal Courts by which mistakes (which, after every caution has been applied, will unavoidably be made) may be cheaply and speedily corrected, appear to me necessary for the safe establishment of local courts, and I conceive that though something may be done towards recommending the subject, which is, no doubt, of the utmost importance, for the ensuing session, it would not be prudent to bring in the bill.

I say nothing of the Prisoners' Counsel Bill, as your Lordship purposes to leave the commencement of that to the House of Commons.

I have the honour to be, my dear Lord,

Your faithful and obliged servant,

LANGDALE.

The Lord Viscount Melbourne, &c."

Soon after his elevation to the Peerage he addressed the House on the introduction of Lord Chancellor Cottenham's two Bills for reforming the Court of Chan

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