The Sun.
London, England, 1828-03-01 00:00:00

that the laws should nut partake, in a greatct or a leaser
degree, of the character of our internal relations. T can
assure Hon. Gentlemen who fancy it so easy to simplify the
law, and reduce it to one uniform standard, that the matter
is more difficult than they imagine. Does not every
Member, who has at any time brought even a tornfae bill
into the House know the ntultifarious and complicated Matter
which it is often necessary to introduce into it? Sir, there
is not unfrequently atore law in a tnrnpike. bill than would
have
_been m'f.:i.!sary to govern an entire province if India
ender one of its ancient tlynestice. Aug., as long as we ..e
determined to leave no titevretinn ‘o the Judge, in t!. .e
nistrat.on of the Lew—aeice,-; as we shall endeevour to ee
our statetee eepable eef taking. a prospective - ~e, and
meeting the various t dies that are censtanel7 occurring in
societv—it will be necessary for us to II atne our laws in a
manner calculated to meet the exigercies arcing out of these ;
I would rather object to carrying the Reuse into
those dry detaile of this measure, to which nay Hon. and
Learned Friend has adverted, when in the...main principle
of it I agree with him. I think that, in many points, his
proposition is decidedly good, and that nothing can be more
desirable than that the Commission should regulate the
practice of the Courts. There .is one point in particular
which I would notice. think nothing is more ridiculous
than that: stock should be "held sacred from the judgment
creditor. There are other pf ;etc on which I ;yeahl
not now offer an opinion, i cause I do net wish te
prejudice inquiry, but upon tbtse points, When they
come under the consideration of the House, I have
not dorht that many judicious and valerhle suggestieus
will be made. With respect, Sn, to one or two other
propositions of my Honourable and Learned Friend, and
in the principle of which I perfectly agree with him, I an
desirous of making some remarks, because I consider them
to he extremely advantageous in fortbering, the: ends of
public justice. I agree with him, that it would be ex-
eeediaglY useful, and I have no doubt the surges:ion will
be attended to in the proper quarter, to have an additional
Judge in the Court of King's Bench, so as to deduct ma-
terially from the labour of those Judges to which the Court
is et present limited. Such an ,arrangement would be, in
my opinion, very proper—and the extra business might
then be transacted either by a change weekly, or by Terms,
as might be deemed most expedient. Much less of time
might thus be prevented, and a consequent advantage
gained to the public. I think, also, that it would be highly
desirable to-throw open the Court of Exchequer as a Court
of concurrent common jurisdiction equally with the other
Courts. This plan may undoubtedly be found to answer
when a Bar is formed, but not, I conceive, until then.
There can be no reason why, when a Bar kes been formed,
the business of the country could not be a rried on there as
free from impediment as it is in the other C:' crtsnow. This
plan might also give to the Court of Exche; nerall the adren-
tageilf an additional Cotirt of Equity, as el thus considerably
•relieve the Court of Chancery, by giving to the Lord Chan-
cellor a power of sending there some of the causes which
arc now sent either to the Vice-Chancellor or the Master
of the Rolls. With respect also to the objections urged by
- the Hon. and Learned Gentleman against the present sys-
tem of moveable Terms, I am certainly of oplueorf, that it
would be of much advantage.to fix those two Terms which
are now moveable ; so that all men might be at ()lice aware
of the precise position in which they stood, and the exact
period at which their services might be acquired. I take
it for granted that the object of the Hon. Member will be
to fix the Easter Terni as early as possible—say by the
10th of March—as in that case the convenience of the
Judges will be materially consulted. I think also that the
same principle :should extend over the Welsh Judicature.—
WAh respect, however, to the observations of my Hon. -
and Learned Friend, which had reference to the present '
mode of remunerating Judges, and which contained a pm-
position of paying them, at least, in part, by fees—an old
system, from which we have but recently departed—l cer-
tainly differ from him in his view of this subject—particu-
larly as such a plan might lead the public to suppose, that
when paid in proportion to the despatch of business, the '
Judges had used too much precipitancy in the then pro.
ceedings zgul decisions. It. might also induce the public
when the choice of Courts was submitted to them, to
• choose in preference to. another, that Court in which the
Judges proceeded with the greatest deliberation. I am,
therefore of opinion, that the ,wisest, the safest, and the
most dignified mode, is to pay the Judges.a specific sum,
and not to let their emoluments depend in any way upon
the quantity of business that may come before them. I
am the more surprised at the argument of my Hon. and
Learned Friend, when I remember, that in another part of
of his address to the House, he expressed himself dissatis-
fied with this system of remunerating by fees as applied to •
the Judges of the Admiralty Court.

Mr. BROUGHAM observed, that be referred only to
the common law Judges, and that they stool in a very
different light from those of the Admiralty Court.

The SOLICITOR,-GENERAL--I wish to be con-
sistent in my view of the subject, and I consider that any
system which ought to operate in one Court ought to ope-
rate in another. With respect to the Court of Common
Pleas, niy. Learned Friend suggested that this Court should
be open. Now, as my Learned Friend well knows, out of
Term this Court is open, and any one may go into it to
plead ; it is only closed in Term, and then there is cer-
tainly full employment. If then, in Term, there be full
employment, and out of Term it is open, I can see no rea-
son for any immediate alteration of the plan on which it
has been heretofore.conducted. The establishment of Ser-
geants is useful to the Bar, and contributes materially to
its respectability. It was of the utmost importance to
many, who, after long experience, were requested to put
themselves in such a situation as might give them the ad-
vantage of pre-audience, and other advantages on circuit.
If then the Court were eotirely open, it would be difficult
to expect that men should devote themselves to a laborious
and expensive profession, without having any thing like a
corresponding reconapence. I have been told that in Ireland
where all the Courts are open, and where any Barrister is free
to practice in the whole of the four Courts, great inconve-
nience has resulted, and that it is by no means uncommon
to see ten names on the back of a blief, in order that one
Barrister may be secured. I cannot, therefore agree to dis-
turb a principle which has been long established in the Court
of Common Pleas, or to take away one advantage without
giving another in its stead. As far as my experience goes,
I conceive this system ought not to be disturbed. They is
another point in the Hon. and Learned Gentleman's speech
to which I have not_yet adverted—it relates to the question
of evidence—and I have abstained from so doing, because,
after giving much consideration to the matter, I am of
opinion that the betteiand safer mode will be to treat this
questiOn as one of separate legislation. We are now only
interfering with the fringes of the law, but evidence is the
master-key of the whole—the vital principle which runs
through the whole body; and it is better for those who
purpose any alteration on this subject to bring in a specific
Bill, and not to,leave so important a matter open to mere
suggestion. This is always the course which has been re-
commended by the. wisest Legislators—it is the course
which was recommended by Sir Matthew Hale, again in
the reign of Queen Anne, and again by Lord Mansfield.
The House of Commons has many stops, in the course of
passing a-Bill through its respective stages, which afford
time for mature deliberation ; and such a method would
I conceive, be much more advantageous, than by making
a matter of so much importance the mere part of a
system. That there will be laid before the House Bills,
with reference to many of the topics introduced by my
Honourable and Learned Friend in his speech, I have no
doubt,' and that they Will produce changes and improve-
ments in some, of the defects of the law, I am equally cer-
tain. - One difficulty I apprehend will be this obviated—l
mean the law of variance ; and instead of the present
practice, a mode will be adopted by which parties will be
permitted to amend at any stage of proceedings, on paying
the =peaces. In many ways improvements will doubtless
take place. I agree that it is quite unwise for us to go
back to the days when King Richard went to the Holy
Land, for Our time of legal memory—and that it will be
expedient for us to bring it down to some snore reasonable
end limited period. Having noticed the greater number of
the points introduced by the lion. and Learned Gentleman
into the elaborate and learned speech which a few evenings
ago he delivered to the House, I have now to apply to him
that he will accept me as a fellow labourer in the vineyard,
that he will not consider me as one likely to be luke-
warm in the cause which he has so ably advocated. If he
does
accept me, I am bound to state that it is my wish
earnestly and scrupulously to nourish the same plant under
Whose branches our ancestors have b 0 long slept;
changes be
necessary, if the branches have become too
luxuriant or too widely spread, La Will find me ready to use
the pruning knife-as boldly as himself. But lam desirous
of handing down to posterity the judicial code we have re-
ceived from our forefathers, with such alterations only as
time may have rendered necessary, or circumstances pointed
Out as expedient. I concur in the motion of the Hon. and
Learned Member.
Mr. G. LAMB was desirous of (alluding particularly
to that part of the subject which had reference to Justices
of the Peat*: What the Solicitor-General had said upon
this point was certainly defective, as lie had merely referred
to the great number of justices of peace in the country,
and to the paneity of cases before the Court of King's
Bench; but to this very point Mr. Brougham had ad-
verted, when dwelling on the difficulties thrown in the way
of bringing eases against justices before the Courts. The
licensing system was one which undoubtedly required to be
amended, and he remembered stating during a former dis-
cussion on this subject in the House, the instance of one