The Sun.
London, England, 1829-05-05 00:00:00

LAW COMMISSION.-SUPPLY.

On the motion of the CHANCELLOR or• T/IF. Ex-
CHXQUER that the House resolve itself into a Committee
of Supply,
Mr. BROUGHAM wished to ascertain how it was the
intention of Government to act on an important subject.
There was before the House a report of the Commission-
ers appointed to inquire into the Courts of Law. He
thought that they had limited the field over which they
had a right to go; but still, as far as the report went, he
could not conceive any thing much more complete. The
report united great firmness and moderation. It showed
a determination not to shrink from reform in law, from
the apprehension that they might be thought by some to
go too far; and on the other hand, it manifested every
disposition to consult even the most groundless scruples,and
the most ill-founded prejudices, of those who were opposed
to any change. He never saw any thing more admirable than
the manner in which the Commissioners had applied their
minds to the consideration of those objections, to every one
of which they had given most ample and satisfactory an-
swers. He therefore thought that great importance ought to
he attached to the report as far as it went, and he wished that
no time might be lost in acting upon its suggestions. The
Commissioners of Inquiry had reported on two branches;
Ist, as to the administration of justice, particularly with
respect to the enlargement necessary in Westminster-hall,
—and 2dly, as to the propriety of uniting the Welsh with
the English Courts of Judicature. The proposed assimi-
lation of the Welsh judicature to the English system was
a subject of great importance. It was almost impossible
that there should not exist considerable differenee of opi-
nion respecting it. On other points recommended in the
commissioners' report there might alto be a contrariety of
opinion. This indicated the absolute necessity of intro-
ducing whatever measures it was intended to bring for..
ward founded on the report, as early as possible, in order
that all parties might have an opportunity of considering
and reconsidering their objections. He therefore hoped
that Government would introduce Bills this session which,
might be amply cmsidered during the recess, and passed
next session but if they should not be introduced until
next session, it was not likely that they would be passel
until the session after that.

Colonel WOOD said, that the commissioners had net
made themselves acquainted with the locality of the Welsh
counties, in consequence of which he thought that it would
be impossible to adopt the plan which they had proposed.
He, however, wished to see a great portion of the Welsh
judicatures abolished, but he hoped that GoVernment
would introduce no measure on that subject during the
present session.
Sir J. MACKINTOSH expressed his entire concur-
rence in all that had been stated respecting the important
nature of the Commissioners' report. The Commissioners
deserved as well of their country for their labours as any
equal number of men ever did before. The Hon. Member
who preceded him seemed to have no objection to a sub-
stantial alteration of the system of Welsh Judicature, but
only disliked the particular mode of alteration recorn•nerded
by the Commissioners. That particular plan was not now
under consideration, and it was premature N charge the
Commissioners with having acted without due consideration
and inquiry.

Mr. PEEL had heard with much satisfaction the testi-
mony which the Hon. and Learned Member for Winchelsea
had borne in favour of the report of the Commissioners.
The appointment of that Commission arose out of a motion
made by the Hon. and Learned Member. The Hon. and
Learned Member stated at the time, that he cared less for
the form of the Commission than for the selection of the
Members. He (Mr. Peel) declared that he would make
the selection on a principle which would secure a satisfac-
tory result to their labours. He believed that the general
voice of the profession concurred with that of the Hon. and
Learned Member in praising the manner in which the Com-
missioners had conducted their inquiries, and the discreet,
safe, and temperate reforms which they had recommended.
With respect to the law of arrest, it was probable that the
Commissioners had taken a correct view of the powers in
abstaining from entering on its consideration. They con-
ceived that the object of their appointment was to inquire
into the practice and proceedings of courts of law. He had
no hesitation in saying that he was convinced, by almost
daily experience, of the necessity► of instituting an inquiry
as to the law of arrest, with a view to the reform of the
whole subject. At present the power of arrest was vested
in some local jurisdictions, which perhaps were not worthy
to he trusted with suck an important power. He alluded
to the manorial courts, hundreds' courts, and ether juris-
dictions. The Hon. Member for Montrose had more than.
once urged the appointment of a committee of that House,
to take into consideration the subject of arrest. He did not
think that the inquiry could be conducted so well by a com-
mitiee of that blouse as by a commission constituted like
the present. Whether or not it would be advisable to ex-
tend the powers of the Commissioners, and direct them to
enter into an inquiry respecting the law of arrest, would
he a matter for consideration. He was anxious,
however, that the attention of the commissioners
should not be diverted from their present labours. Its
auswer to the Hon. and Learned Member who desired to
know whether it was the intention of Government to bring
itt a Bill, founded on the report of the Commissioners, he
would state, without at all pledging himself on the subject,
that it had not escaped his attention. He communicated
with the Lord Chancellor on the subject yesterday, and
their joint opinion was, that if a Bill could be introduwd
this Session, which would embody the recommendations
of the Report, and which might receive consideration dur-
ing the recess, it would be a great advantage; at the
same time it was necessary that such a Bill should be well
matured before it was introduced, in order that no undue
prejudice should be raised against it on account of defec-
tive enactments. He was happy to find that his Hon.
Friend (Colonel Wood) concurred in the principal recom-
mendation of. the Commissioneri, namely, that respectiog
the Welsh judicature. It waft no reflection on the
Coumissioners that there were local objections to their
plan.

Mr. BROUGHAM wished an inquiry into the law of
arrest to be made by the existing Commission, because he

thought it would be done more cheaply for the country
than by-a sepaitte- Commission. He thought that a Bill
micht be immediately introduced for fixing the terms.
Mr. PERGUSSON 'expressed iltope that the powers
of the Commissioners-would he extended, to enable them
to inquire into the.law of arrest.- •
Sir C. COLE expressed his approbation of the Report.
311.. HUME said, he had abandoned -a motion fin the
appointment of a Committee to inquire into the law of
arrest last Session, on understanding from•the Right Hon.
Gentleman that the subject would come tinder the consi-
deratlon,of the-Commission. He was sure that the Com-
missioners; if authorized, wauld be able to make a report
on the subject in a few days. •
Mr. PEEL repeated, that he had no objection to the
Commis,ioners entering into an inquiry on the subject.