The Sun.
London, England, 1830-12-03 00:00:00

Nu t/7% M.

bail
he

mains as much as one-third, and, in a few cam, or.
Of the motley out of packet, for to that amount
has incurred costs which it is unpos.iblo for him to re-
'cover from the other party. I mention this not as en
imputation on that rule of the law, for at long. as matt
is man, it would be impossible to frame another rule te
he framed so as to avoid giving an engine of oppression
into the hands of one man to be used to the prejudice of
another, it it gave to the winning party the right of
charging ageiest the other whatever cost he might have
incurred in the prosecution of the suit. Your Lordships
will see at once what I allude ta in defence of the law as
it now stand*, and is answer to those who, sometimes
from ignorence, sometimes from insilvertenee, advance
this as an accusation spinet the law. If all the espencee
incurred by the winning party were to be charged upon,,
the loser, the consequence would be that a man, however
'much might be the bona fides of the caws of action itself.
would sometimes take oars to punish his adversity by a
hill of costs, And a professional man might osoasionally
put into hitt own pocket money that he was sure not lie
own client, but the' adverse party, must ultimately psy.
Poi that reason, I say, that the law its not wholly in fault
in the rule which it has laid
,dewn on the subjeet.. Your.
Lordship may, at once, see hew this hears upon the pre-
sent question. The evil I hive'stated is, under the pie-
sent system, inevitable ; but such a step as that which I
rerommend, while it !lessened the expence in every other
manner, would avoid the evil I have just detailed to your
Lordships, and would at the same time have the advsts-
tap of bringing home justice to the door of every man it,
the kingdom. To -show' how fully warranted is the state-
meet I hare made with respect to the expeuces of suits, 1
will take a list of four bills of costs as illustrative of this ;
subject, and to them I will now call your attention.
The four bills of costs- I alll about to read were
obtained from the office of two most reopestable
attorneys of this town. I find that, in one, the
whole amount of coats incurred was equal to 4001., which
sum was reduced by the Master upon taxation to 200/, or
just one half. In another, the whole stun was 2101.,
which was reduced by the Master on taxation to 701., or
one-nthirdt;haat w and shirt
as athne undefended
case
the original
and,rig
i nalsutu
therefore,was
the sum wile comparatively small), and from that sum the
Master on taxation took off lb!., or just one-fourth, so
just6o c
that you may perceive diet the party who gained the first
cause lost the sum of 200!. ; he who gained the second
lost 70/. ; and he who gained the third lost 15!., which
in each ease, the party was obliged to pay out of his own
pocket. The sum recovered in the first of these cases was
considerable. In the second case it was trifling--I be-
lieve about 1001. ; so that, in order to recover the sum of
1001. the unfortunate suitor had to pay 70/, so that he
only in fact obtained in the end 801. of the sum to Which
he was legally entitled. In the third ease the plaintiff re-
covered 501., and there 15/. costs having been disallowed
as a charge against the opposite party, the plaintiff had to
pay that sum out of his own pocket, and, consequently,
only obtained from his verdict the sum of SOL I need
riot remind your Lordships, that if the sum in dispute in
'this last ease had been but 101., the costa out of pocket
would still have been GO/ ; and the sum recovered
being 15/. less than that sum, the man would have
been five pounds worse for the action, though he lied
recovered a verdict for his full cause of action in
an undefended case ; so that, in the end, it would
have been better fur hint not to have gone to law at all.
These matters, which I have now stated to your Lord-
ships, are illustrative of the high expediency in all mode-
rate cases, Bay, of the absolute amenity of our endeavour.
ing to cheapen mid to facilitate, as far as may be, the access
to our Courts of Justice. I promised in the early part of
my observations to state to your Lordships something of
the proportion which these small cases bore to the large
and important causes in our Courts, for he would grievously
deceive himself who should think that the Lord Chief
:Justice, the highest common law authority of this country,
site in the highest Court to administer justice in cases
only of considerable importanew—in cases where the inte-
rest of the parties concerned is, so considerable that they
ire, if I may so speak, worthy of the interposition of so
great an authority. If he tries,. or if hie able and !tamed
coadjutors in Isis and the other Courts often try oases of
great importance, end they often do so, it happens that in
the far greater number of instances the matter is dispute
is very trifling. What I am about to slant is perhaps an
extreme case on this subject. During the Lent Astises
for the County Palatine of Lancaster, having observed that
the verdicts given were only for very small sums, I ex-
preseed my desire to the Prothonotary of the Court (a
most able 41111 accurate officer) that he would furnish me
with a list of the eases, and of the sums given in each,....•
hi. was in the spring of 1826 ; and he made out a list
of the autos given by the verdict iu 52 cases t and what
do your Lordships think was the average amount of all
these verdicts in the Court of Common Pleas of a county
containing a population of about 1,200,000 souls ? The
average amount of each verdict was 141 160., a lesser
sum than that for it man under the then existing law could
be held to bail. This, I say, was the average amount of
each verdict in the cases ttied in that Court by the Judges
include, of course, in that list one or two
cases where the question was one of mere right, asin eject.
ment, and where the damage, given were, of course, merely
nominal. There might be, perhaps, three or four of these
CAM, but the general result war that the cases were those
in which the matter iu dispute wits under IAL Though
that which I have mentioned may, perhaps, be 44 extreme
case, there can be no doubt that such eaves are at all tiwe's
liable to occur, and the argument which I draw from them
in support of my case is much strengthened by the state-
ments to a similar effect made in a report drown up by the
Learoed Chief Bat on. L will now &tote to your Lordships
the result of a return relaeive to the number and value of
affidavits for adot in the Courts of King's Bench and Cool-
moo Pleas. In 92,000 affidavits of debt its those Courts, no
less' than 30,000 were fur causes of tuition in which the sums
were between 10/ and under 201. lu 34000 effulavito, the
Sums in dispute were between 11t11. and 501, ; sat that in
two-thirds of the. whole number the claims were sander 501.
in each action. And if you take the whole return and
observe the number of actions torsions less than one hun-
dred pounds, you will find that seventy-eight thousand efTt-
davits of debt were made in so many actions for sums le.
than 100!, One-bixth, therefore, of the whole nue'
was all abet could he gives as the return of 440' e
whieit the sum exceeded 100!,, while in one-e "fir
claim in each station was under 20L, in. tw Aim the
was tinder 50/., and in five,aixths it was o
-thirds it
As this is a must important mutter, lal under 100/
Lordships no apology for giving other ' .all offer to yotir
subject. In the year 182(1, out of stluetrations of this
the Lord Chief Justice in Londe the causes tried by
under 20/ , 309 ler sums tit 184 were for 111/1W
mutate under 100/, In ..4tter OW., and 4051 for
e
ir
yeapiti:atitoo, fon:tutu:al
elenounitle:
,awitileedsreexoinv.4er..-etstiaitiari;l:i;osfuutnilnitlitserwinlo.4ll...,n7ihnldtlrfiiiitrinils'Leuntrbritidu:tielitlyatleie:drritt
tl to file
ccount of
x the second 170.
i:t(tlCnhOl
16: d
a::
vof 71) 'hie 4eri:linisfltiln;l6:llo7irCts‘.:l'i;:6l*lcirfruu:r:otekti!fl:ol,titt',F°:ll:ses;:ttYly":r'B:ll:Pisrterlelleidt:ollhit'2i%fi:;l9rgsshytaiew:e
thy,
btittemeuta tq your 'Lortiashtlipnad,errit.hiAnkfterinimAnyingitathlT
thatt4Vitt Ih:: Vaar ie :
"freth
plr r halve
otiuntn, f lrllyt a
his. ne ta
le livitoit anon etni n
itiri t:i
utyi
try, as it it, stow contliteted in the highest t e kingdom, in the King's Beech,- tit the Corrt7ouloi ol
f ihr
sod in the Exclo,Lliuma 001141414 or Oases in which le 'at
in dispute is ootnnerativety trilling, anal that of the itaties‘
tried by the Ktora Judges at 1-110 110111 re, 11 141'AG peop:01'•
don 1, of thin ►kirid to WlllOll I first Ladled yon e ettentiott.
","nnati-ate—not to say so trillion-trate tai make the tis•
pence of the action out of kor4og with, and out of pro-
portion. to, the valne of the thing in dispute. Now Oa.
fining the toisclied and the evil, consisting in the expenc.
to which the parties , are subjected, in 001 4111414e0 they
have to travel, and in the 1101 V goys occurs, end in thr
eonsequenees of ad tlot restatioo to the suitor front all
these voters, or from tome .41° thent, the question the* int
in&listely suggests itself to the oaneideratittn of your Lord
ships ice, hots this evil ly
trial naaAt
tsune,vu
d in
shout fur a resgedy,
to restart e.
1:174, any clue b?
which this lroi►at (nay 11to,Yte:bigi:nsgihienid:iie:n:. doubtless
our
r.r
ay)e°nltilsea'leuu'st:ult, tt:lailstftlns Wu tray fttar.
astir,
to piebent tittle,' and Present itutiitutions, by which, either
by renewing wlu,t ;a t what is
Oat at modem nor !assorts but lay analogy to our Otlitt
left us, may time and svhh prudence, proceedini.

institutions, the experience of which has answered our ex-
whisk we at
criltentinu to lseeded" the , vita from
Tiesl7etehate:hisitelurtitituitiiitaaltrf:l4Sislyindrioilhiolitilgre'
n principle
in such a
ancient county crrurt
iction extrtmdtsl, Qtdy to civil cause!"
on‘s to the jur'tsdienotu of chi,. Croon.
Sf::)l:imiteihireivillsaktayknitdtilbhre;l°l.....tnrinttoil.:joeueurgilalhil.'
odie:iirsesttiocigi Itainndtheertirnutitnaha—imtcauirt s
%;11vhualtialtd,r
which their nu'n, and
Row exercise no jurisdiction. That, at
perhaps a had outhr>riry, yet with-
sar, i+tl rims result
rget ju~i>dictiarr,
chit out of these..
of tl;o divided
ill emits, the County Courts possessed a most exvinolve,...
j:)4Crlunflllirtitilvniti:nYtiyiencutrZOlieo'V'anenittiloirttnet°fsilillui:ei rditeterivnegeoettrtie'gti'llttert
County
ce‘Preiguiriurti
stdizagr:, I)*:::mlciaietc:4ldvi
''diction, is preyed beyond doubt by WOO V 4111410 tlri. .
juris s which we now puttees. One of theteehews ue,
Comity Cour.l.ll":•it'u'ho)evoefuteh,oltri
• the
before the Archt, 'in which the broiler of the. King,
rat:1001f :117,1-C:et:qv
getlutivailt:i:lr the
i,birs
tot
„ft. Kent
and ([rho, of Baden, yraglit into que•tien, and after.iour
norial rights were li. ',talent oho given which wet aiteoe •
Jaye of discussion, a juo, Ibuneut. The Comity. Court '•
wards confirmed in Par, ‘ confined to crises itt which
Afterwards had it* juritdictio. exceed 405., .alts! tri Abase
the earn iu (livete did not might be within the
cesev in. which, though the se. vise freehold was not
limited *mount, the title to ' eta Comity Grotes,'"
in question. In ancient tim le, -woo ; tool • Istts'zlyi'
however, was the regular jerise . , thij .cjuilis of eases
only lttterly, has it been confined your tordisLipe 'to'
I hat* not mentioned ; but I pray „.1.1", the l'ioa;;ition-
keep in mind that 40s. of limas der, /to the tettimooy
,tae first imposed, were equal, sevordit tut. in the days
of the Learned Chief dust'ce lisle, to whet). Between'
in Which that maw excellent.Jusige Atm cad beer, nitieb
the two periods the value of money ~actrho Later
changed ; and in his time, which was to . that ti thte
part of the seveuteeath eentury, be ,said think Cott r
had changed OS I bane titatCribal it. .Now I
may say,. at the present time" that lased io V slue
it has iite,, •
;
tiolitett, but twenty fold, and that, by the tire.
pries of silver, and by the increased ve1142, eue nun.
2i
since the disceyery of the mimes in Smith Ultfkrt
may now say that the suns of 40s. then war of eat to 1,,
now. If therefore, the Cutiety Cowl* were Wto tattrit A
MngnillifiCe of caste of 401,, your Lordship* will it
how the Noble and Learned Chief 'Loth:. woo
lieved in the ditcharge of his judicial fuuctiuns, when I
show you that three or four out of every five, " 1114
are now brought into his Quirt would
.go into thoi
feral Courts, those tonvenient trilrusal,, which it is au
object of this measure to establish. 1t it is fit t 1.91 w"
should go to former times fir the result of their calm lielw°
it is no lees expedient that we should go to other coil .atti ica
placed in the tame situation with ourselves, to two ii .‘cf
ore justified in iploptiog the plait 1 now propr.oor ;iu r 1
.1160 you that something of the kind of this tio *aut
which I DOW Stibttlit to your comitittration bar bee a
adopted in a country similarly eirculusttneiel will t til
a country which had originally the cone , CO,t
Of laws as ourselves, and that the people time le.eve orgy
kept act) improved those County Courts, which a eta err
our niisfortune, have suffered to fell it.to desuetede, snit
that there is no one thing around us more eanly t ab'
revived, nor any which, in its existence there, hes g ;vete
the King's subjects a more cheap, 'easy, anti espedit toe*
remedy for the assertion of their civil rigittA toi,ooga *oh
other—l think I theft have done enough to thew ti, ex g
am proposing no new and fanciful plan—unwatrateet I be*
onalpgy and experience, but use that ha,: 14,414 1 imp
prayed by use in another country, to he of great ant; . Lee.,
nifeet utility. I allude, soy Lords, to the ancient ltitigi faun
of Scotland; the laws of which, in former times, W. Itti't
not only in theory but in practise, so id, i irully thr h. libel'
es those of England, ilea, eomparing the eldest tioo t oral
English with the oldest book on Scuteti taw, it tits
matter of dispute with Antiquaries wh.ieh, was, t'ae or igiat ii
and which the translation. For mysolf,,, lam but sr ale
hialwielvierell!inlcestoutlhde upnadrer°fantyhirlier:uutusPilk)Sl' to upl,oli u, v:ll,:tst; •
the English work by Glenville", V .-4, vriaii Lek
the Second, which Is the same B,lt,ii• "14 • I
tt &plant .tiajestatent, is the oldest book on the lam 1,
days Scotland bad Gauntlet.. 61' aP"l,rnt
fie
Ipmile,,,,nwaurdgiantirbsihttrisauerep nrteoitivintae:
ritguestittgiitri:surti.l.rte
Ealaslittijrwthheeaplyhw"a'hye
eoal:pwaid:Trli
in Scotland, or rathek t•
then
nominated
tilt'
algteit:iler°.ti.lir ItlrmBll:4ll7:4l;d:l4oWW:littrherett,finllcreivitt:Pl:J4'.l.•
Ivleal.ll;e:tt'ret,e(iii!:;l:
e.
Chief Grini64l 1;„ u°Q,,„//1/1614 , '
r Argyle; a'a it he thora
thk coCou
bein:lot 84ree 0 did nbitelotthibrcsitent; It;itirt:ii,
ilfrtolt4rt. if tal!st:erYtt:h);l3;t::tfaiwo 't(lti O. 1• ''',111';.1::;11I):1,,i;ir,!'
Court stud
lT
heritable
4puoptartrft
lowdii
tesddtiviylitr !slaw::
eiloni:nrutlelztaffirlhasueoein.brilatc
bureiritocri
riuttuhsr :bit
0;
di' isiulatitn! 61.2
.11111:4111:1:1:1:its:Ptiget;::".0.t.ii):1"4:;:cribiotit;'rexli4t
1745, When being found produotive stionkjo
pr
s
e
e
liofStehir4;ol:l)e.:
done array
the old County Court'. The bi)
ere Judges in ordinary.. Judges in thefirrt i
whom all ordinary Iletionit may be, "
en'
Courts thus locally situated, next dour to t` arc i ;;:itur-- °'4
iuriudicliou of which is not nivri anti alit[,.
trollied without delay, without exp. 'esl' "": -1•
411Y2 01'
harrowing or vexatious proem, I n w' About. any
Lord', that Courts of this desceipiir Jty. tan,
advantageous to Scotletid. lit 41,3. bighl)"
that the experience of Scotland ttn.r shin, ahoy
establishment of the phut wl avouraide to tho
.
to your Lordshipt' consider", Amu
11111
to show what advantages we n dun, I inettnee thew
the adoptien of that plan. C lingletol by
nu fewer then 22,000 action * aO. krerar-it df three yeller
Scotland, of
PinPt uhe if
latiau f4t
w'RoCulii od ;otrts If! 01X411IIPtitni:Ftli tr(it''';).4l4:ltabetrld'el ttliti'llaiiitPrtbl4"eattli4t'.;l
similar causes tried is dist goo'
arses twoutier et.
fif
yi,t, Ltwdt, mime'
,41; iktid Wouhl ) b 180,000. Arlsl
ling the same per; 4la flee he ti., 1
• st in Raglan*, it.
and wily 7,000 d, only 130 • ht,.
i°Bbetilliarkeeir:iffftea'hie:oP•vraG.' 'C'ttrittlieer;ril;l7:l6trtil7ttet:rritiirScao:ful'l°.4.alpilpe74:alit,:al:OUA 8111rIcitYtthil:4:uinnE;ie:Eigwt;;Ittl:.(:1!:r°11:'fU'''''YE'.:17;g1:r:n.1;41:'
lend to higher Willett 11114
of
°nrthose uott. Irts arell4'uji broughtl'4ilareiplit;Plloserl(l)t'efehdlb eni°41:0410:14:1111 errt,ete't,:eiintrinlyttlei°ol4svfli
taSin4itti)!tlrrr,
system of practice. Lipott the *vete itch
a words, than iii:
2,00 u
i nia
ic
Ernie the Sheriff's
snlic
Substitute to the Sheriff's Dee" -*" former" yoke
ratesltiroin ~ rise
wfll :le: torals hips m ,o• xlsa
antir dlll't
rbr•ihuire'utikt:lnt'ul,:itri:Ytuhl etfireuliPirjtel i• uto b•
dbutcluilYeltd:i"iigiunalsgulvi!Paa-sril 1:;•Y'et11:1:1r Inert
-*
er the jurisdiction orate Siteritre (loom, In ft-
the average of Scotland be liken by ithatev, 'rat, ; '1“"
county of Lentrk, it opprara that heir A teili i*v` r"-
perty is annually diopolod of is theae SiterinV
IttrtowitgniOvrinigtiguiteicyztilltil tostotoarrytkrro tsitetosteititinnturitol:rt
of
tiers xlle,t'
gait fur 25/., may lac ;
If causes are di&titletl.(tusanddaaltrblou'guitit Ifftrwii°ll(
undefended ratites (of Winch there ate
nutty) the experwe of Snit for lid. ie hob, isf a
ors
tt ill riesi4gylibtOzar: B,:tihrettou,natire yettetwititeyarobop; one tio
141:;.°141:14cliniltisrlPetyretlorhstaupnrcoyield
towiphoetezuveilttetiii'ivit•l;il7. titictter):l:hti4Ale,':.:te,vthet7:l:l
se,e,
thsi most pereevering litigetien, the who
eautes which have been definuled are long
postible to defend theta. in thus local Con " 13"
1:1441:44":' Tt6::
been detteribilig, ill Al. for action, for iittra I I"' vti
tSi. fns senior of 1001. 'such, my
ezperieuur
stehautrlliPvtigrwatni:,('i IS'hheersieetrso'itead "4urses in ,17"LaPI: it 111/14::::
•
►
in the lucid juristlietiont of Scotland slier ri,416„ '" \"‘,...,1
t41114,t",,
„. .
.hose juriteretions are, at they ought to
waril
any
err jt'ar
et: .:vbicltl4 ;I
fill: )7P iv I"unwidl dti b°l4l:
1; oauant 1
s the uleasure uctwesful..l venture, with K. y.4oru,rivut.otrtni:lpres,tuttn,li autgurgeleouutp,rtheotewietroxit;urtivir.
Lpwsi,
irer°ol:llleti IdltthW44firsetwownitotty profit
.tr we in
4Y wise! **(l4Yt anti itinwtit, 4*"`",*"
atitatlit system of County Courts. 4/1Y r
artilp I I

. ,
preterit moment, 'trespass atponYour Lordships with
twit cif the reagens., which itiduen'ter Prefer''the'esta-
Mirth 'octet of those Courts die a nertomadel to a• retu It' to
e ba exert form of the . &violet, ristliationee By the
Doter plan an interference might 'Odic place With the Ote-
neat rights and duties of the-Sheriffloi, There might' be a'
elifficulty in settling the matter' witheut giving Offence to
respectable persons and respectable broth% It appears to
me to be evident, from alt attempts of a similar nature,
some more and some less efficient, and none More creditable
than those great, wise, and enlightened measures foe the
perpose of ameliorating our Criminal Code whirls were
brought forward a few years ago by a Right Ittin. Gentle-
man then holding a high situation in his Majesty's Coon-
appears to nut to be evident that exactly to re-
establish the ancient County Courts in all respect's, wetild'
be to sacrifice a eubstanee to a' vision, to maintain an out.
ward form and semblance, without deeming the internal
advantage and reality'; and would he to hamper ourselves
with innumerable inconveniences. Fee these reason*, 'my
Lords, into the details of which, as I have eretaly ob-
served, I will not now enter, I consider that it would be
far the better plan, that it would be far more expedient,
if, availing ourselves of the experienceof our neighigeirs;
we revive our Courts of local and oetlioary juris-
diction. I have now, my Lords, tleacribed at some
length the nature of-the. plan which, after long del ibe:
ration on my part, after consulting my profession&
friends to an extent which justjfiee toe' in saying that the
proposition is the result net. of: 'myoten reiletatiobs aleee,
but of the reflections of thou who areiwttei' able to foreea
lodgment upon the suirje,et than meets% I ant new ahem-
to lay before your Lortiahipe Bill which contains not,
only the general principle tithe plam-but the details which
appear to me to be necessary for the .putircrae of carrying
that general principle into execution. I ground myself on
ooe or two points which I consider as cardinal, and net to
be deputed from. The Bill will comprehend no change in
the fundamental laws of the land. 'lt Will 'comprehend no
change in the practice of thoselatvio, no curse that is not'
strictly in oonsnnance with the established practice. Above
all, my Lords, the operation of this 13111 will be so feeced
and guarded, as to afford 'ample Security, by the controlling'
power of his Majesty's Courts of Mooed at Westminster,
against the possibility of the law being at all changed in any
of these local Jurisdiction% and against the possibility of the
administration of the law becoming Vezina in vaidotte parts
of the kingdom. To what extent this security Is to yo, to
what exact controul these loco! Cowie are to be subject,
what ie to be the limit of the power of thesuperior Courts,
all these, my Lords, are 'questions into which it is trot
necessary that I should at present enter .at length; because
all that I now propose to do is to ask your Lordships' leave
to introduce the measure, which, wheel it is on your Lord-
ships' table, wilt speak fur itself. Suffice it to say, that if
when the Bill is before your Lordeliips, you should find
in it any discrepancy, any departure from the principles
on which I have brought it forward, it will be fur your
Lordships to remove that objectienable part. I will
*hortly, however, state the powers which I propose to
give to the Courts created under thie Bill. My proposi-
tion is only to try the experiment in two counties--and
the result will determine whether or not it he expedient
to extend it. I propose that the Judge shall be called a
Judge in ordinary. I propose that, after the metier of.
the ancient County Courts, be shall be hound to sit, not
twice a year, as the Judges of Ateitte Hit, but every
'mouth, with the exception of one month in autumn.—
The ancient County Courts eat every lunar month 0 I
propose that these new Courta shall sit (Wary retailer.
month. I propose that before the Judges of those Courts
may he tried the following action", that is, if the parties
cheese not to bring those actions in the superior King's
Courts. If the poke prefer cheap. justice to dear
justice, if they prefer near justice to distant awoke, it
they prefer quick justice to delayed lustier, they will
have an opportunity under certain regulations (anti
in framing them I have availed myself of the pro-
found knowledge and ettest ingenuity of my ;Veldt'
and Learned Friend who lately presided in thu se.
rand Law Court of this country) to bring actiereo
in those Local Courts of the following description :
All actions of debt, trespass, and tower, where the sum
sought to be recovered dote not exceed 1004 ; all actions
of tort, as for assault, libel, seduction, and the. like, where
the damages to be recovered do not exceed 501, ;—and
sill actions for breaches of agreement,. where the damages
to be recovered do not exceed 1001. subject, however,
to an appeal from this court whenever any title to free-
hold, leasehold, or copyhold property came in question in
course of the issue. I would propose, moreover, that the
joke* who should preside in three courts should be men
of character and weight in the prafernion, anti not, as
has been too often the case, with whet were erroneously
supposed to he inferior legal appointinents-ornen of little
or no experience in the courts of Westroinsterelfale It
Was a rain and a most pernicious mistake to suppose that
what were called moderate or trifling (In a pecuniary point
of view) cause*, could he satiefertorilydimpoeed °Eby Judges
of moderate ability and experience. There was nothing
either in the theory or the practice of the inferior judicial
establishments of the country to warrant such a mis-
chievously absurd proposition. There .were, in this part
of the United Kingdom, some /10—peelleloi I should
be more correct in saying some 280--a Courts of Con-
science and Courts of Regoeate and other, inferior local
tribunal* for the adjudication of cases involving Motivate
of ontnparatively minor importance; ovidch courts,
am free to admit, are felt by the country, mail justly too
when we take into eon-ideretion the evils consequent
upon whit I might, for the sahe of brevity, term the
higher litigations, to be comparatively great blueing*.
But still, whosoever was acquainted with the machinery
asst proceedings, of these courts would, I am sure, admit
—in fact, could not doubt—that compering their terrlts
'with the wants of the sinters seeking h brunt redress for
their grievances, they were imperfect anti inefficient, and,
what was more, by no means, all things considered, no-
coetly,—were, in truth, in a great national legislative
point of view, of little benefit, anti might, with great ad-
ventage to the public, be absorbed,--I mean ultimatelt
sibarabede—in the more efficient, better adapted, because
better constituted, anti not more expensive in courts which
toy Bill proposes to establish. Two cases of action were
Ritually tried in the courts of conscience and of requests,
--one for debts or claims liar mime under 21. ; the other
for sums not exceeding W. Now it teas Leant to Isere
both in a great Measure to the tiolinery ,jurisdictions until
Mich time as the function, of both Court' were absorbed,
as I have stated, into those of my propelled local tribunals..
It would be left to the suitors to choose between the new
County Courts awl the ordinatylerietlictions ep to Or, es
at would lie left to the /miter* to choose between the County
Curate in causes falling within their titijudicatory powers,
but involving, a, it might happen, complicated and iino
pertant interests ; but it would he compulsory (so we sin •
elerstood the Noble and Learned Lord) on all litigants in
cams for 100/. by way of debt, or 501. by way of tort,
to seek redrew, in the proposed County Courts, anti not to
go elsewhere to the higher tribunals', unless, as I have
stated, the use involved questions of freehold, or tenure,
or other complicated interest* incapable of it quick de-
cision. This would be the more easily ell'eetcd, it strikes
me, on account of the condition which I have
laid down for the appointment ef the Judges of the
County Com tte—munely, entablithed ebility and experi-
ence as a lawyer. And here I trust your Lordeliipe
will permit true to remind yea of a principle or fact
which should never be lotgettert when attempting to
legislate with a view to. fecititatiog and rendering more.
cheap the means of jeatice—that the arnotint of the auto
at issue between litigarits,oothat is to say, that what is
tolled a moderate action, ,involving .tiempariatively but
bide pecuniary interests, is no standard of the ability and
knowledge required in the presiding Judge, is no measure
of the importance, the intrinsic paramount importance, to
the parties engaged In the suit, mad therefore is not to be
got rid of hastily by some member of the profession of but
little skill or experience. It may, with your Lordships,
be a matter of but little or secondary moment,
,whether
justice is brought home to the very doors of suitors,—
whether, fur example, a suitor shall have to' get from a
distance in the county to Lancaster, or from Iluddersfield
to York ; but still if the sum at issue were but 20/.—risy
but 101.—it is as much to a poor num, and its loss is as
great a loss to hint, and the sense of injustice rankling in
his bosom from its being withheld from him, and front
the difficulties placed in the way of hie (draining redress,
whether those difficulties are of distance, or expense, or
delay, with all the consequent anxieties and sulTerings of
mind-weirs as great, I say, to the poor mate as 'natty
thousands to most of your Lordships, arid art, therefore,
as well worthy of contitleration to Parliament, acting in
in its great national legislative capacity, end on the great
notional legislative principle of petrol laws and equal protec-
tion foam those laws—that is, of equal juatice. It is then, I
will asy, the bounden duty of riot Government, be its mem-
hers who they relay, to Nee the. law administered so that
the poor roan easy obtain redress for his grievances us ex-
Peditiottelat and to him as cheaply, as the richer suitor,
and ant, as is too much the 4%40 At present owing to the
detest** of our, bpi institutions, that causes involving
smaller interests were to be regarded of little moment,
being, as it were, of little putilie importance. But I con-
trod they are of great public importance, its it signified
much to the poor man Ow lieshould have his just grieve
auto promptly and cheaply rerfrottesi. It was no objet:.
tion that those rumor CAuses-Hninur NO far as money is
conetrottd—would take tip at touch of a Judge'e time as
one in which twenty or a hundred times the metro might

involved. My objection to the present system is, nut
hat the cause in which the 10/. or 201. is the. Mount
3 dispute would occupy as meek time and skill on tare port
f the Judge as one thr 100/. or 1000!. ; btit—and this,
my deep regret, mkgrief.:-that - die small eke& is at-
nded with great anal Most Vtipreportioned and Most tin.:
accessary expense and delay. It is not to the litigation,
tiut to the expense and deity that . I object, for I feel
4iat the line between cases cif comparatively little and al
ireat pecuniary moment with which ove Ae hound to
Observe, is that of expenal ankelehyi and not the quali-
fication of the Judge* an tar as inferiority and stiPeriority !
in either Cate fir; etnceroed. It should be borne in mind,
tim, tba% the great hulk of tliii suit? s Much come for'
denisina before the ordinary tranunals, originated with;
the 'middling, and pisitreV classes of society, to whom I'
again and tgaitt repeat, the interest, itS.Vo.ved—be
they great or be they small—he thaAy for pounds or shil-
lings—ere as dear and as it4ortent as matters of greater
moment to persont In higher and wealthier stations in
sneiety, . re...del-log' it still more necessary that the law
altautdhe generally accessible, and expeditious, and Oran.
Nnrare we to take the measure of lititAtto'n as a guide
to ihe measure of the wants of tie litigants; from the
number of causes antihally Maimed of—say, at the As-
sizes, or lit Weilininster-hall. When I say that Many
cases otigtnate with the middling and rum. clatses, I
-'arts not to he met by a referete'e to the number disposed
of; tor example, it tint* nut be supposed that because
but fifty': eaeris were set down for trial at tan
cosier it 'I6, or but seventy-six in York in 1.829,
thai therefOre there did nut exist more tenaints Mlle-
dressed in those districts—that these were the Measure%
elf the demands of jUstite, and that at a consequenCe any
greater facitides than those existing •i!!dttlel only tend to
stimulate the 'reposition of the public to vexatiotes and
rmedleva litigation. I no means, what the people
want is, that the law sheltie! be, I repeat for the
hundredth title, easy, accessible, and clomp‘ Make
it 040) Vivl you will have the ettititra titore numerous
.....in other words, yen wilt have the law effecting
its : legitimate tqeet of redressing the grievances of
every than tVho hintself obeyed it. And here
i lal leelVe to combat a very general illusion, fh
whii!i, wet only many respectable person!! oUt of doors par-
take, but I fear, also, many of yont Lordehips,—namely,
that litigation should he more discouraged than otherwise.
This is an idle tomtnen-place assertion, which will not
hear the test of a clime examination. This complaint was
not that we heel, under our existing system of law, too
'natty anitare, but that we had too few; and for this ree-
aon:—so long as wrongs were commiffeal and rights with-
held, so long there svaa necessity for litigation and as it
was vain to 'insert that inferior twee required. Judges of
inferior knowledge and shinty for their decision, so it was
vain and prevosternua to take any standard for the necee-
sity of providing for the wants of the less wealthy suitors
in mote of justice than that I then named—the amount
of wrongs committed—the amount of rights withheld-
-that is to say, so lung as justice was denied to any per-
Moe of the public, So long, therefore, as justice was
denied was litigation necessary, and so long have the people
a right to demand a more accessible and cheap administra-
tion of justice than the present means afford ; and be
that, justice denied by force or by fraud, or by the oppres-
om' of the rich,. or by unnecessary and vexatious expense,
so far and so long were the auhjects of the King of Eng-
land denied what they were entitled to under the great
charter to which the King had sworn—namely, that he
'110414 " neither sell nor delay justice.'.'--(Hear, hear.)
31y Lorda, justice is sold, if it coats 'three times what it
ought to cost 1, it is delayed if it must be waited for, not
one ureic, but six weeks; it is denied, if the price at
which it is sold, and the delay with which it is attended,
combined to insure the suitor not to seek it. Such, my
Lords, are the grounds on which I hope that your Lord-
ships may be inclined fovourahly to receive this Bill.
Allow me to add that it contains provisions for securing an
equitable jurisdiction respecting legacies. Many of your
11.01.414 s know, and no one knows it better than the
Noble anal Learned Lord near me, that nothing is more
common than, when a man or a woman has bad seventy,
or eighty, or a hundred pounds, bequeathed to him or her,
for the legatee to be held at aratolength, by a dishonest
or time-serving executor; and that, as all that remains to
a legatee in such a case is an application to a
Court of Equity, and as the very sound of the name
of at Court of Equity is enough to deter any rationel
person who is aware of the expense which attends its
proceedings, nothing is more common than for an exe-
cutor suck as I have described to keep the money of

the legatee in his pocket ; admitting perhaps the right,
but
.refusing, on some idle pretext or other, to do his
duty. What I propose is, that where the legacy does not
exceed 1001., the legatee may avail hinted! of the local ju-
risdictions to call on the executor, either to deny that he
is an executor, or, Admitting that, to deny that any be-
quest has been made, or admitting that he is an executor,
and that a bequest has been made, to deny that lie has any
funds, or, having funds, to show that he cannot safely dis-
charge the demand of the suitor, lest he should appropri-
ate to that purpose a sum for which a stronger claim might
afterwards he made upon hint. All this I propose to come
before the Courts to be constituted under the new Bill ;
and if the executor states that he has a sum in his hands
sufficient to satisfy the demand of the •le;atee, but that he
cannot so apply it because he may be subsequently called
upon for the money in another quarter, I propose that he
shall be compelled to pay the ;mount of the legacy
into the Court, not to be withdrawn thence by him, ex-
cept on exhibiting such receipt* ai,d vouchers as may
satisfactorily account for its disposal elsewhere. My Lords,
this is my proposition with respect to legacies,. I have,
however, , had much - conversation on the subject with
many Learned , Friends of mine, who are very con-
versant with Courts of Equity, and 1 should nut deal
fairly by our Lordships if I were not to say that
some of them expressed great repugnance to my plan, and
saw numerous difficulties in the way of its execution. At
the same time others, and those persona of high authority
too in such matters, expressed no such repugnance, and
CM, no such difficulties, For these reasons I humbly re-
quest your Lordships' particular attention, and especially
the attention of Noble and Learned Lords, to this part of
my measure. The last point to which 1 beg to call your
Lordships' notice is one respecting which a special joris•
diction might, in my opinion, be most advantageously
given to those local Courts. Your Lordship, have all

beard that in some countries there are Court; which are
called Courts of Reconcilement. There can be no doubt
that, in many cases, if the suitor were, without the pre.
senior of any law agents, to consult the learned and impar-
tial Judge of a Court on the subject of his claims, and
were convinced by him of their futility, two-thirds of the
cusses which now crowd the cause paper would speedily
he struck out of it• At present a man goer on blindfold ;
he is assure►! that he must win the day ; and it is only
when he has incurred all the expellee, and subjected him-
to all the vexation of a proceeding, that on .the eve of
the day on which his action is to he tried, he finds from
his Counsel that he has thrown away his money, ■nd

that his patience has ban tried in Vain. My Lords,
when. I state that Courts of Reconcilement have been re-
4otteti to for a considerable time with the greatest success
in one of the Gintinentill States—,4 mean Danmark—l
think I state that which is entitled to your Lordships' at-
tention. Those Courts were instituted in Denmark in

thin
,year`l.79b• In the year 1797 the number of law-
sutts carrying on in that country was reduced to one-
third. In the year 1823 the following official P.epart was
made on the subject ;--About 31,000 actions were
brought in all the Courts of Denmark. The parties in
20;000 of these were reconciled by the Comte of 'Recon-
cilement; 600 were discharged ; and of 9,426 referred to
the ordinary Courts of Justice, only 11,3b5 were tried. It
apPearell,. therefore,-that the Court of Reconcilement, by
putting the litigating parties in possession of the real feet;
and' merits of their respective cases, at once terminated a
very great portion of the Ent* that had been commenced.
And now, my Lords, :as far as regards my preliminary
itiitcment of the nature of my measures, I have done all
that I proposed to myself to do. Allow me once more
to,express my deep sense of the importance of the subject,
and allow me once more to express my regret, that acci-
dental circumstances have compelled me thus early, after
Wing honoured with event in this floosie, to rise and tro-
pes* so long upon your Lordships' attention. My
Lords, deem it a dtity of the utmost magnitude and
importance, that the Government and the Legislature of
every country should do everything in their power to
render the laws of that country respected. These are
times' when no person of ordinary prudence would
recommend the slightest change in the system of our
laws. Periods of external attack, or of internal danger
and distress', are nit periods for such- proceeding*. But
when a country; is in a state of peace and ttanquillity, as,
God be praised! this country is at the present moment;
when we are. not menaced with any foreign peril, and
when at home there is nothing but a passing cloud to Ohs-
tort' us ; moreover, when men's minds are attracted to the'
state Of the law,' and the public voice, justly terming that
state a grievance, calls for its redress, that, my Lords,
steins to me to be the appointed tithe, the very appointed
season, for your Lordships and the other House of Patio-,
scoot, to take this important subject into your moat serious:
cootidet4tion, My Lords, this, very-week'---this very day...*
Wing to one to be peculiarly fitted for enteritig upon such
an undertaking. Unhappily, my Lords, its consequence of
the crccurrencr•a which, although: I feel them to be
temporary Rad passing, hare still left a diegraceful stigma

en those parts or the enuntry in which the public peace
has been disturbed, his Majesty's Government have found
it necessary to resort to extraordinary measures to
Make the laws respected. Yet a few days from
the present pet sod, anti the sternal of justice will
be unsheathed, and will most alintredly strike
the guilty. This. Is the first and thity
of his Majesty's boycfphien't. Their Arat farad most
sacred ditty iii to n'ihkit the latV obeyed—their next
• duty Will be it) make the law beloved. While its the
first initiate: they Ilion, a determinatiort not to allow any
threat or any other consideration to induce diets to swerve
from the duty of renderingi(the 107 rispected ; when they
have perfthined. their !Vlnciatins in that respect with fidelity
to the Kt tYi and the King's subjects; when they have exe-
cuted justice upon the guilty, and shewn mercy to the de-
luded, what can be a better moment, what can afford a
more graceful opportunity than will imtnedlaiely pietient
itself to us, of improvity the It'.w Which have
cated,.and of lAi.ttle.rilikat still Mnre EfeserVing of the 'tit-
' tachtlabt bf the peop!e? My birds, r conOsel. YoU to
measure unbefitting your character or dignity. there have
undoubtedly One abr'oad teeli'dgs with • respect to both
llniaea of ParNti*ta, Which nothing but the conduct of
both Moines of Parliament can allay. The connexion of
the people and the - Parliament may be compared to the
nearest domestic ties. If unhappily there have been any
jarring occurrences—if unhappily one party has • been in
some degree alienated from the otherl do not counsel
you, my Lords, to have t'etdurse to any unworthy artifice
for thepurpOse of regaining the suspended attachment;
I do not Counsel you to condescend to any unworthy cacti-
flee for that purpose. I counsel you to do that which is
perfectly compatible with—which, indeed, is essential to
the preservation of your real dignity. I counsel you,
while you maintain your own riglits to respect those of
other. I counsel you to improve that administration of
jaatice so important to the people who have a deep inte-
rest in it. I trust that that will be the only way in
which we shall answer any imputations that may be
thrown out against us. How shall we secure the love of
the people? By giving them the aneans of olvaining
cheep, easy, and expeditious justice. Whatever hate may
be exhibited, whatever abuse may he cot on our venerable
institutions, we shall best do our duty to those institu.;-
tions by first firmly resisting any violence by which' they
may be attacked, and by then applying ourselves to their
improvement. By amending the state of the law, by
satisfying the people that you have done all in your power
to make the law beloved, your Lordships will do more
than all the commissions which lawyers can frame or Go-
vernment adopt, to preserve unimpaired to the latest pos-
terity that mighty fabric, th firm union of church and
State, which bas descended to you from your ancestors,
which is founded on the rock of ages, and the hest security
for which is the coexistent security of the rights, the.
liberties, and the property of the people.—(Hear. hear.)
Lord LYNDHURST—The ordinary course, my Lords,
when measures of such vast consequence are first pre-
'lntel for your Lordships' consideration, is to lay the Bill
containing the details of these measures on the table, and
then to order it to be printed ; and to allow your Lord.
ships a competent time to examine them thoroughly, be-
fore the Bill is read a second time. Such is the course
which, as I understand him, my Noble and Learned
Friend proposes to follow on this occasion : so that your
Lordships may have the opportunity of coming fully pre-
pared, at the second reading, to discuss the principles anti
details of this new and extensive alteration in the ayatem
of administrative justice. At present I content myself
with saying, that the plan is one of the highest impor-
tance; and I fully concur with my Noble Friend in the
opinion, that your Lordships are bound to give it your
most serious attention. For we must consider that the
effect of it, if it should be adopted by the Legislature, will
be to create fifty now Courts of Justice, to be presided
over by fifty new Judges, anti each of there Courts to
be attended with the establishment which is necessarily
connected with a Court of Justice. These may be con
sidered as minor circumstances ; but certainly the conse-
quence of adopting the measure will he to make a wide
and expensive alteration in our judicial establishments.
When the Bill shall have been printed, I will direct the
most anxious and careful attention to its principles and
the whole of its details, that I may come to the discus
sion on the second reading, as fully prepared as the most
unremitting inquiry will enable me to be. And if, after
the most anxious attention, and the most careful inquiry,
I should feel myself compelled to differ from my Noble and
Learned Friend, I will freely and candidly state to your
Lordships the grounds and reasons of my dissent. But if,
upon the most candid, careful, and anxious inquiry, I
should he convinced that this is a wise and salutary mea-
sure—a real improvement—then I will give it my met
cordial and zealous support.

The bill wan then Lilt( on the table and ordered to be
printed.—Adjourned. ,

HOUSE OF COMMONS, Dec. 2.
FORFAR ELECTION.
The following Members were sworn to try the merits of
the petition relating to the election for the Forfar District
of Burghs t—. Sir J. Owen, F. Mundy," J. Walsh, C.
Coote, George Tudor, R. Price, Air L. Palk, J. tietupe,
J. 11. O'Neal, F. H. Gordon, W. Craddock.
GLASGOW ELECTION.
The following Members were sworn to try the met its of
the petition relating to the election for the Glasgow I)is•
trict of Burghs 11. Foley, S. Thorns, It. Rambold,
F. It. Wilson. C. Brownlow, G. Sehonswar, A. Arch-
&aeon, J. Marryat, Sir W. W. Wynn, Lord Fordwich,
R. Bethel!.