"That in order to provide for cases of urgency, the officer of the court should be empowered to receive a written copy of the bill or claim upon the undertaking of the plaintiff's solicitor to file a printed copy within a time to be limited.

"That when it is necessary to amend the bill or claim, a reprint of the whole, or part, should be made, except in those cases where, from the limited extent of the amendment, they could conveniently be made on the printed copy.

"That a bill should not contain any interrogatories; but that when an answer is required from any defendant, the interrogatories, duly authenticated, should be delivered to the defendant from whom an answer is required, or his solicitor, within a limited time after appearance.

"That it should not be necessary for any defendant to answer the bill, unless interrogatories are delivered for his examination.

"That where the plaintiff does not require an answer from the defendant, the defendant should nevertheless be at liberty, without leave of the court, to put in a plea or answer to the bill, within the ordinary time allowed by the court for that purpose.

"That after the ordinary time allowed by the rules of the court for answering, a defendant, not required to answer, should not be at liberty to put in an answer, without leave from the court, to be obtained by application to a judge at chambers. "If the judge should extend the time for answering, the plaintiff's right to move for a decree should in the meantime be suspended.

"That the time allowed for answering, as of course, should be much shorter than at present, but with power to a judge at chambers to enlarge it, on the application of a defendant. "That the answer should still be the answer to the bill containing the defendant's defence, as at present, and not merely an examination on the interrogatories.

he

"That it should be open to a plaintiff at any time after the expiration of the time allowed for answering, to move upon affidavit, and upon proper notice, for such order or decree as may think himself entitled to. That such a motion should be allowed to be made at any time before replication; and if made after answer, the answer should, for the purposes of the motion, be treated as an affidavit.

"That it should be discretionary with the court to grant or refuse the motion for a decree, or to make an order, giving such directions for the future prosecution of the suit as the circumstances of the case might require.

"That in those cases in which the plaintiff may not require an answer from the defendant, he should still be at liberty to obtain the production of documents in the defendant's custody or power, by applicalion to a judge at chambers.

"That the defendant should also be at liberty to apply to a judge for an order against the plaintiff for production of documents in those cases in which he has been served with notice of motion for a decree.

"That a similar practice as to production of documents should be adopted in suits by claim.

"That the answer of a defendant should require no further or other formality than is required in the swearing and filing of an affidavit.

"That the defendant, after he has put in his answer, should be at liberty to deliver interrogatories for the examination of the plaintiff, and to procure orders for production of documents by him.

"That when the cause is not disposed of upon motion, it should be put at issue as at present, except that the form of replication should be altered to meet the case of a defendant who has not been required to answer and has not answered.

"That when the cause is at issue, the plaintiff should within a limited time give notice to the defendant whether he means to proceed by oral evidence or by affidavit; and unless the defendants, or one of them, should within a limited time afterwards give notice that they or he desire the evidence to be oral, both parties should be at liberty to verify their case by affidavit.

"That where the evidence is to be oral, it should be taken by the proper officer in London or the country.

"That no commission is to be issued, the appointment being authenticated by the signature of the judge.

"That a power should be given to the court to direct the examining officer in London to take evidence in the country. "That the evidence, being completed, should be transmitted to the Record Office by the officer, and authenticated by his signature, to be preserved and referred to if necessary; but the parties should be under no obligation to take office copies of such evidence. That a day should be fixed for completing such evidence corresponding with the time now prescribed for passing publication.

"That notwithstanding the election of the plaintiff or defendant to proceed by oral evidence, affidavits of particular witnesses or affidavits as to particular facts may, by consent, be admitted and used; and that such consent may be given on behalf of married women, infants and other persons under disability. "That where the parties proceed by affidavit, a day should be fixed for filing the affidavits on both sides, and no affidavit should be afterwards permitted, unless by special leave of the

court.

"That either party should (at his expense in the first instance) be at liberty, within a limited time afterwards, to cause any deponent to be produced for cross-examination and re-examination vivâ voce.

XI.-CASES FOR THE OPINION OF COURTS OF LAW.

"We recommend

"That the practice of the Court of Chancery sending cases for the opinion of a court of law should be discontinued.

XII.-ACTION AT LAW TO TRY LEGAL RIGHT.

"We recommend

"That the Court of Chancery should itself decide and ascertain questions of law and fact, necessary for the decision of a question on which the right of a plaintiff suing in that court might depend, using for that purpose, when required, its power of submitting any question of fact to a jury, by means of an issue.

XIII.-MASTERS' OFFICES.

"In lieu of the present proceedings in the masters' offices, we recommend a course of proceeding which would render it unnecessary to retain the office of a master in chancery.

"We recommend that the court itself should determine many matters which are now referred for inquiry to the master.

"That the judges of the court should sit at chambers for the purpose of disposing of such matters as cannot be conveniently disposed of in open court.

"That officers should be attached to the several courts, to perform the duties now usually performed by the master's chief clerks, and that such officers should also be employed in verifying the facts stated in petitions, and in making inquiries for the guidance of the judge, who would then in many cases be enabled to act without the formality of a report.

"That in cases where, as for instance in the investment of trust monies on mortgage by the court, the master has been in the habit of referring the title to some conveyancing counsel, the court should receive the opinion of the counsel.

"That in cases of specific performance, as soon as it is ascertained that the court will direct a performance of the contract, if the title be good, the party objecting to the title should be bound to specify his objections, and that these objections should be argued before the

court.

XIV. MODE OF TAKING ACCOUNTS.

"With regard to the taking of accounts, we propose that the mode of proceeding by charge and discharge, and states of facts, should be discontinued; and that the accounting party should bring in his statement of account and furnish a copy to the opposite party, and that it should be at once proceeded upon before the officer, and, as far as practicable, continuously.

That the account, when settled, should be kept in the office for the purpose of reference, and should not be annexed to the report by way of schedule.

"That the court should have power to give special directions in certain cases, such as where accounts are directed after a long lapse

of time, in order to obviate the hardship of taking such accounts in strict judicial form; and that in some cases, particularly in partnership and mercantile cases, the books of account should be allowed to be taken as primâ facie evidence of the account.

XV.-POWER OF COURT To send RefereNCES TO PROFESSIONAL PERSONS.

"We suggest that the court should be empowered to make references, in suitable cases, to merchants, accountants, engineers, actuaries and other scientific or professional persons, as officers of the court pro hâc vice.

XVI.-METHOD of Proceeding in RefeRENCES GENERALLY. "Our recommendations on this subject are to the following effect:"The total abolition of the system of warrants.

"The discontinuance of states of facts and charges, except in special cases where a concise statement might be necessary.

"The abolition of office copies, and the substitution of copies furnished by solicitors.

"That reports should merely state the order of reference, and the conclusion upon it.

"That the officer should be at liberty to certify any matter specially to the court, pending an inquiry, in order to obtain a decision for his guidance in the further prosecution.

"That the court should fix a time in the order of reference, within which the officer should state what had been completed, what remained incomplete, and why.

"That the practice of objecting to the draft of a report should be abolished.

"That in all cases now requiring a petition for leave to except, a party should be at liberty at once to except to a report.

"That the court should abstain, as far as is practicable, from referring it back to the officer to review his report, and instead thereof should itself decide the matter in dispute.

XVII. AS TO THE CONTINUANCE OF MASTERS.

"We recommend that, if our suggestions be adopted, no vacancy should be filled up, but that the arrears of business under pending references should be ascertained, and a competent number of masters retained for a limited time to despatch them."

ART. IX.-EMINENT MEMBERS OF THE BAR.

CONT

SIR WILLIAM PAGE WOOD.

ONTINUING our notices of the eminent Members of the Bar, and proceeding to the Chancery Courts, we cannot select a better subject for a sketch of one of the leading members of the Equity Bar than the Solicitor-General of Lord John Russell's administration, Sir William Page Wood. With one consent he has procured for himself from the bench, and from his colleagues of the inner and the outer bar, the sincerest respect. Known to and admired by all are his earnest desire to have the law administered in its purity and integrity alike to every suitor his thorough knowledge of the defects of the machinery by which alone redress can be obtained: his unabated determination to render the court in which he has practised available for all, and thus preventing its being made the medium of pecuniary injustice to those who can afford to use it, and of most unfair exclusion to those whose means are small, and who dare not enter its portals: his own personal independence: his sincerity and conscientiousness: his devotion to the highest objects of an honourable profession: his indifference to all that savours of mere advancement for personal objects: his cautious but strenuous advocacy: and his nice power of discrimination between the principle of varying decisions. It was not an empty compliment, when Sir J. Lewis Knight Bruce, in the recentall but hopeless-case of Reynell v. Sprye, expressed the high estimate he had formed of his judgment and of his mode of conducting causes. Whilst others are more subtle, or more daring, he is admitted to be acute and persevering. His knowledge of law is extensive and sound; and his acquaintance with human character, and with the motives which regulate men in the common concerns of life, far above the average of practitioners in the courts of equity.

The gentleman whom we have thus selected for notice is the second son of the well known reformer Sir Matthew Wood, who for many years uninterruptedly represented the city of London; who never wavered in the support of the principles he espoused; and who merited and received the esteem of all political parties. Mr. W. P.Wood was born in 1801, and having proceeded to complete his education at Trinity College, Cambridge, took there in 1824 a wrangler's degree. Mr. Cowling was senior wrangler, and it has been numbered among the good years. Mr. Wood immediately afterwards entered himself at Lincoln's Inn, and