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Alexandria Gazette & Daily Advertiser
Alexandria, Virginia
What is this article about?
Report from a London paper on delays in England's Court of Chancery, exemplified by Sir Watkin Lewis's 47-year pending case involving 35,000l. in property; he remains imprisoned for debt while his wife and daughter died from the stress; critiques the English legal system.
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COURT OF CHANCERY.
When Mr. Erskine was one day pressing the case of a client with great earnestness, in the Court of King's Bench, Lord Ellenborough, a little provoked at his perseverance, observed to him that his client might carry his case into chancery. "Has your lordship," replied Mr. Erskine, "the heart to send a fellow creature there?" The force of Mr. Erskine's observation will be understood from the case of Sir Watkin Lewis. He has a case now in the high Court of Chancery, that has been pending 47 years. Thirty years ago the present lord chancellor acted as counsellor for him in the Court of Exchequer. The property which he will be entitled to receive when the case is decided, is 35,000l. sterling. In the mean time Sir Watkin is a prisoner for debt in the fleet prison. The first time the case was mentioned in Chancery, the noble lord told him that his appeal to the House of Lords should be laid before the committee of appeal with all possible dispatch. He has another case in the Court Exchequer, in which he has property to the amount of 75,000l. About one tenth of the sum would relieve him from his embarrassments. The lives of his wife and daughter have fallen a sacrifice to the vexations of this long suit in chancery.
The English papers mention this case without any marks of censure or even surprise: The truth is that such occurrences are too common in England to excite wonder. And yet there are people in this country who would persuade us that the English system of law, "is the most stupendous fabric of wisdom, that was ever reared by the genius of man."
[Portland Gaz.]
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Foreign News Details
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England
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Outcome
case pending 47 years; entitled to 35,000l. sterling upon decision; another case for 75,000l.; imprisoned for debt in the fleet prison; wife and daughter died from vexations of the suit.
Event Details
Anecdote of Mr. Erskine in Court of King's Bench responding to Lord Ellenborough about sending a case to Chancery. Case of Sir Watkin Lewis pending 47 years in High Court of Chancery; 30 years ago, current lord chancellor counseled him in Court of Exchequer. First mention in Chancery promised dispatch on appeal to House of Lords. Another case in Court of Exchequer for 75,000l. Commentary notes such delays are common in England without surprise.