Star.
London, England, 1830-04-30 00:00:00

LAW REFORM

M rose, pursuant to notice, to bring before the
house the subject of reform in the law. In again calling theatten-
don of the house to the subject lie had not, he said, the slightest
fault to find with the commissioners who had made the two re-
ports which were on the
table. They bad conducted their inquiries
with the skill and great ability, so that they had received
the nrctise,,m at lerihe the most ur.qualified upprebao..n.
They had laid le fore the house a mass of the moat valuable lefor-
'ration, and it could not, therefore, be supposed that he WAS actuated
by any hostility to them in bringing forward his present motion,
which related prireipally to those topics they hail left untouched,
and to which there wes n., ptcbebility that their attention would be
directed within any re:eon:tide time. If there was a country in exist..
tote where it was necessary to spend GUI. or 701. for the recovery of
01. or 71; and if there was, besides, a great deal of tim:it:linty. and
of Course anxiety, as to the result. no one could imagine titatsuch a
country was very fortunate in its laws.lfein addition to this,he should,
after recovering then'. or 71. find that the la ws °alai toll yellow him 401.
or 501. out of his 601 or 701. so that he would even after a verdict 11 1
his favour, find himself a loser of 151. ; surely it would be said,
that such a c mode was in a state of barbarity ; and yet that coun-
try was England, in which they were then residing. Ile had asked
the prothonotary of Lancaster for returns of the amount of verdicts
at one aseizes, from which the average of actions appeared to be for
about 131. or 141. The number of actions brought in Westminster
thaing five years, averages at about 79.1100, out of which only
about 7,000 were brought to trial, the plaintiffs, in most of the
others, abandoning their debts on account of the expenses. ( hut
of an average of 93,000 affidavits of debt, for a period of two years
and a half, about 64,000 were for debts tinder twenty pounds.-
Of the whole eumber, no less than five-sixths were for debts under
1001. The Commiseioners had given bills of costs, which were said
to be framed on the lowest possible scale, and in one of the cases
every thing was fat ourable for cheapness anti expedition. The costa
in that rase up to the verdict was 861. and the total costs 1101.
For delay there was to be deducted only 101. leaving the actual
ants at 1001. He admitted that a great portion of the expense was
owing to the attendance of witnesses, for it was a cause brought
from Lancaster to Lotalea. But it would have been the sante
had it been tried in Lam:ester. When taxing the bill, two guineas
a-day was allowed to the architect 15s. a.day to the carpenter ;
and 5, a-day to the labourers. 'l'lie attorneys were allowed two
guineas a-day, if they had only one cause at an assize, and one
guinea a-day if they had more than one. This system he had to
complain of us being a moat unnecessary expenditure. In some
cases he had known a third, and in one he had known half (:'(M01.
out of 4e91.) of a hill of costs taxed off, so that the plaintiff had ac-
tually lost riool. under the name of extra costs, which was a loss to
that extent by his action, unless the debt amounted to a greater
sum. In one case he knew of an action brought for VAIL which was
undefended. He recovered-the costs came to 15111.-Upon
taxation he was allowed only 1001. so that by his verdict be
had gained nothing but about two years' anxiety and vexation.
-He was aware that all persons who propounded remedies
had difficulties to Contend with, for they were always regarded as
innovators, and their recommendations were looked at with jealousy.
It was N ith diffidence, therefore, that he offered a remedy, but still
he :thou'd state that which appeared to him to be tolerably fres tiont
objection. '1 he distance to which suits were carried to be tried was
a great evil, though that of itself was not the great cause of expense.
The cause cannot he tried until the judge comcs,which was only once
in baffle year, at which time tine plaintiff must not only go there him-
self, but he must also send air ,[gents, his attorney, and his witnesses,
and must also consult with his law advisers, and perhaps have to keep
them there until the very close of the assizes. One part of the
remedy proposed was to alter the niode of issuing process, and the
other to shorten the period of bringing a cause to trial, lie would
allow dent:nerds to be proved without carrying down the sub-
scribing witnesses to them. The system of pleading might be
materially improved by attending to the ingenious suggestions of
the commiesioners upon the subject. The great evil, however,
was confined to actives of small amount. There was no reason
why actions of large amount should not be conducted at a less
expense; but the crying evil was, that such enormous ex-
penses should attend debts front ten pounds to fifty pounds.
Formerly the county court decided actions prior to the time
when the judges first took their half-yearly citcuits. By the
Saxon law, it was laid down that every man should seek justice at
home, anti that he should not seek redress from the king until it had
been that applied for at his native County Court, and had been
there refused to him. The Sheriff's Court, however, got gradually
into disrepute, and it was at length confined to a very narrow circuit.
Subsequently a law was passed, assigning to the Sheriff's Court ex-
clusive jurisdiction in all suits for sums under forty shillings, but
this by no means deprived them of the power to entertain suits for
sums of airy magnitude. Practically speaking, the County Courts
have only jurisdiction in pleas of debt to the amount of forty
shillings. This was the constitution of those courts in England ;
but he would call the attention of the House to the constitution of
such courts in Scotland. Our oldest law, and the oldest law of
Scotland, were nearly the same; and the ancient constitution
of the County Courts was nearly the same also. Originally the
jurisdiction of our County Courts was unlimited, and the same au
the case with the Sheriff's Court in Scotland. The Sheriff's Courts'
in that country became hereditary in particular families, and were
sometimes transferred with the estates. This system of hereditary
Judges became intolerable, and in the year 1746, the whole right was
purchased by the Crown, by which the King became Sheriff for the
whole of Scotland, and appointed Sheriff's depute forcach county.-_A most important alteration. The system was found to work.well.
The Sheriffs Court was competent to decide on all actions for debt
to any amount, and in almost all cases, for damages. It appeared,
that in the years 1821, 22, and 23, twenty-two thousand add hun-
dred actions were brought in the Sheriffs' Courts annually on an
average, all being causes above 51. Were there similar Courts
in England, there would probably be six times the number of ac-
tions brought and decided, which would greatly exceed the pre-
sent number. About 9,000 actions annually in the Sheriffs' Courts
in Scotland were litigated to judgment ; and about 53 annually of ,
these decisions were appealed from. The other causes were settled
by the parties. It appeared that five hundred thousand pounds
worth of property was disposed of annually in those Courts;
and if we had such Courts in England there would be six times that
amount, or 3,000,0001. so adjusted. He did not ask them to adopt
those Courts because it was the practice of Scotland merely; but
because it was anciently their own practice, and had been found to
work well in Scotland. In those Cutlets when the sum sued for was
not above 121. the costs, if not litigated, was but ten shillings ; fora
debt of 501. fifteen shillings; and fur a 11101 twenty shillings. When
litigated, the cost of a debt of 121. was 51 ss. and the taxed costs 51.
leaving the party but five shillings out of pocket ; and even in cases
of 1001. the costs were not more than 121. and the party was not
more than twenty shillings out of pocket. This was an en-
viable state of the law, compared with its state in England. The
question was, how it could be introduced into this country. Se-
veral errors existed on the subject of the adniinistration of law in
this country. One was, that for inferior suits thete should be an
inferior judicature. He thought nothing could be more erroneous.
The forty shillings was of the utmost importance to him who sued
for it, and still more was his dissatisfaction at having justice re-
fused him by being defectively administered. He had a right
to be dissatisfied. Small debt Courts did some good ; they were
better than nothing.-(Hear, hear.)-So precious a thing was
justice, that he would rather have the slovenly justice of a
Court of Requests, than a peremptory denial of justice, or being
driven to Westminster Hall. But he could not say that he
wished to see their number increased, or their jurisdiction extended.
They were already 240 in number, and had jurisdiction in the lowest
to Ols. and in many such Courts to 51. quite enough for such
Courts to have. Even where Courts were in the hands of skilful
judges, he would not propose that the decisions of local Courts should
be final, as that would lead to different decisions in different
places, which could only be prevented by an appellant jurisdiction.
He had, on a former occasion, remarked on the imperfection of the
appellant jurisdiction from the colonies to the Privy Council ; and
he also thought the Scotch had reason to complain of their causes
being decided in the last resort by a Judge, who might be
wholly ignorant of Scotch law. It was c:ifficult to aecount for
the continuance of such a system. (Hear, hear.) He believed
it could only be accounted for by the circumstance of their
having been a succession of English Chancellors who had great
practice in Scotch appeals, and also standing on the highest
eminence in their profession. Such was the case of Lord Hard-
wick ; after him Lord Mansfield took the lead in Scotch ape
pw,le ; then came Lord Thurlow, Lord Loughborough, and Lord
101enborough, who eminently united • knowledge of the law of
both countries. It was from a succession of such men that he
could account for such • grievance being so long borne by the
people of Scotland ; but if ever the time should come, when
an English lawyer, of but moderate knowledge of English law, and
wholly ignorant of Scotch law, should preside over Scotch appeals,
the anomaly might remain, but the only reason that could be as-
signed for its continuance at present would exist no longer. Having
made these observations in passing on the present appellant juris-
diction of the country, he should return to his proper subject. He
would suggest that in each county a lawyer of eminence should be
appointed as judge, to have jurisdiction in the first instance
in all actions for sums from 101. to 1001 and whose decision
should be final in all suits for sums under 101. In all twits
fur sums between 101 and 1001. an appeal should be al-
lowed; and he thought it would be advantageous that the ap-
peal should not be to the Courts of Westminster, but to the going
Judge of Assise; but as it was desirable to give the party an option,
he would propose that appeal should be either to the Judge of sake
or the Courts of Westminster, but that the party should pay higher
costs if he appealed to Westminster Hall. Applications for new
trial might also be made to the judge of assize, or notice given to
the party to be prepared for the argument at once, instead of moving

for a rule before the case could he heard, as was the praetie. a,
present. There were sonic cases in which the trial by jury mid,:
be dispensed with. When lie named his hind Mr. Bentharral,
named a man who was the founder of all legal reform in this roue.
tty—(hear)-3 man for whom he felt the highest respect and
admiration ; but, he was far front agreeing with that great authority
in all his principles of reform, anti in none did he differ more from
him than in his opinions on trial by jury, though Mr. Bentham set
a high value on trial by jury in some cases. He however thought
it of great importance in many cas .s in which his venerable friend
%mild dispense with it. Wherever conflicting evidence was to be
weighed, he thought the trial by jury was of incalculable value.
No other method of coming at the truth appeared to him to be
equal to assembling together a moderate number of tame or
different opinions, and feelings, and habits, and 'pursuits ;
after they had heard the conflicting testimony, allowing diem t
&bate It together, and however extraordinary, or even 91'
send it might appear, compelling them, as it were, to am:.
to a unanimous decision. Ile knew that if they war•
to decide by a majority, there would not be the sante anxiety, Oat
same amount of discussion—the object would be to come to a speedy
decision, anti there would be cries of " question," to hasten to 3
entelmion, as they ao.netimea heard in a different assembly.—(.l
laugh). la cases, also, where damages were to be awarded hs
opinion, which were incapable of positive proof, he thought to;!
by jury most efficient; and he wished to retain it In those coma'
which he hoped to live to see established all over the country...-.
( Ilear, hear.) In mime cases he thought the judge might decie.
without a jury : but he found it %Tay diflicult to make tit:
classification. (Hear.) lie would thee:fore propose, that as the
pleadings would be made to tell, as they formerly did, what was
the cause at issue, tie: judge should exercise his discretion or.
that rant. lie expected DO difficulty world arise in the mint of
the judge whether the case should be decided without a jury ; una,
if both panics concurred with him, he thought it might be Wel}
left to their discretion : but, if both parties did not concur in leaving
it to the judge, it alt mid be tried by a jury. The state of our law
at present made it a duty imperative on Parliament to furnish slash
a cheap and speedy tribunal. (Herr, hear.) The officer sheald
be a competent person, and should be paid a salary, and shouh'
hold his courts monthly, fur ten months in the year at }cat,
six times in the county town, and twice in two other large
towns. The Assistant Banisters in Deland went over cut.
county four times each year ; and they had, or had not, -
trial by jury, as the case appeared to require. It we.
essential that there should be a power to move for u new trial before
the Judge of Assize ; and fur this purpose he should propose that
the local Judges should be joined in the commission with the Judge
of Assize, which would be found most convenient ; but he Shote“:
have no voice in deciding on appeals against his own decision. it was
found in practice, that Judges of Assize kitting themselves to sup.
port the opinion they had given on circuit, led to injustice in many
cases. This power of appeal would preserve the uniformity of ti. •
law all over the kingdom. Then came the objection in point of expense
There must be a salary for the Judge—for a Registrar, and one or tw,
ushers. The salary ot' the judge, he thought, should not be lea.
than 1.5t11L He would trek: t; ,e whole expense for England t•
amount to something between 120,0001. and 130,0001. a-year
This expense he did not think too great for the attainment of so
great a good. In Fran, there were between three and foul
thousand magistrates or judges, who bud jurisdiction is
causes not exceeding four pounds ; and these judges cost
120,0001. a-year. The whole expense of their civil jurisdiction
was between 300.0001. and 400,0001. a.yettr, and their civil am
criminal administration cost together half a million annually.
sum equal to a million in this ceuntry. Ile mentioned this to shen
that the French, were so wise as to think no expense too great fot
justice. That we should grudge an expense of 1 eO,OOOl. for the
same inestimable blessing he never could believe. It was not equi
to the permanent annuity that could be purchased with three week.
extra expenditure of the last year of the was. Even three weeks' ea.
penditure of that period would purchase an annuity of 150,M101. fun
ever; and by tier tilt greatest blessing that Parliament ever bestowed
on the country was cheap, speedy, and substantial justice.—(]fear.?
These local Judges might act as arbitrators, in litany eases, with
the best effect. If a neon possessed the respect of the profession.
and of the public, who could be more fit to act as an arbitrator, of
what so likely to prove satisfactory to the parties as the arbitration
of such a Judge ; the subject of conciliation he could only touch
on. In many foreign countries such Courts were established
to prevent suits. The Judge, hearing the story of both parties.
and telling one party, perhaps, that he must certainly lose his
cause, and the other that lie ought to mitigate his demand, and
frequently reconciling their differences. In France the attempt to
establish such courts had signally failed. in the Netherlands and
Holland the case was touch the (same. In Sweden the success
was better:; but in Denmark it had succeeded best of all ; and their
going before the Court of Conciliation was optional with the p 'riles.
to which its success was.attributed. In Switzerland, where it was
also optional, It also succeeded well ; and in Geneve one.
third of the causes were so settlatl. He would propose that
the local judge should see both the parties if they pleased, and
then should act as judge of conciliation. In almost all instance.
litigants were more or less misled by advice, certainly not by law.
yens, who generally discouraged litigation. Much as lie respected
the profession, he would not take upon himself to say, that there
were no exceptions—that there were no banisters who wouid not ad-
vise law proceedings when he ought not—or that there were no attor.
vies who would object going to such banisters for advice. He knew
that consultations were held, where all the barristers lifted up thei:
hands and eyes, and expressed their wonder that such a case should
be undertaken or persevere.' in. The client was in all cases the most
ignorant of the probability of his defeat. Ile was sometimes
dragged, and sometimes coaxed, into the suit. In all such cases
he had sanguine expectations that the ruin that often followed
such proceedings might be prevented by the client having
a conversation on his cause with a person of the character of
the local Judge. Whether his proposal for improving the adininis.
tration of law would be well received he did not know ; but he did
know that those by whom it should be rejected were imperiously
called on to provide a better remedy for the existing acknowledged
defects in its administration. lather people had a right to jus.
tire; they were crying fur justice, and they would not lie satis-
fied till they had attained it. (Hear, hear, hear.) Their ay
might be called clamour; but Mr. Burke had said, andit
ought to be written in letters of gold over the dour of every
legislative assembly—" Where there is abuse there ought to
be clamour;—better have your slumbers broken by the fire-bell,
than perish in the flames in your bed:" He was told by some,
that what he proposed was a puny and worthless reform. He was
told by others, that he was recklessly pulling down all that was
venerable in our institutions. Ile disregarded both charges, and
would proceed in the course that appeared to hint best calculated
to obtain the blessing of justice for the people. He had been
charged with having been in name a reformer, but in reality
leagued with those who supported abuse for the cake of pro.
fessional advancement ; and this was charged on hint rho had
refused the highest judicial honours; who at the time the charge
was made against him, was, by his conduct, preventing
the repetitien of the offer which lie had refused on public
grounds alone. These slanders had neither caused him to slacken
nor to hasten his course. It ever was the lot of all men, in all ages.
who sought to improve the condition of mankind, to be mistaken
and slandered; but truth would survive when calumny would be
no more. (Hear.) Ifthe reform he proposed neither satisfied the
rash nor the timid, perhaps the censure of botn miflit be panegyric.
He should proceed, as he had commenced, pursuing the'courae ot
those who had gone before, and left their example to guide, and their
success to cheer. He moved that leave be given to bring in a bill
for the establishment of local jurisdictions in certain counties in
England.—(The learned gentleman sat down amidst loud cheers.)

The ATTORNEY-GENERAL said be was confident no mar.
in the House could less deserve the charge of want of zest or
discretion, or diligence in the public service, than his honour-
able and learned friend. He was not prepared for the profound-
mess of his learned friend's observations • but it was the less ne-
cessary, as he had no intention of opposing the motion of his
honourable friend. It was more respectful to his honourable
friend, and the importance of the subject, that he should bring
In his bill for discussion before the house. He thought it extremely
difficult to fix on the exact point, where the greatest benefit in
jurisprudence could be attained with the least risk of incon-
venience. It was certainly the practice of our ancestors to have jus-
tice administered in local courts more generally than now. The
whole country was divided into local jurisdictions. What had
caused the change ? He thought it must be owing to the experience
of their inefficiency. Ile would only mention one disadvantage, the
difficulty of procuring impattial jurors er an impartial judge. The
advantage of having but few judges was. that the • law was more
simple, and was better understood. (Hear, hear.) Still he was an
advocate foe a more speedy and more cheap administration of
justice in cases of small amount ; and the had introduced such a
Bill for the county of Lancaster ; and a Bill for the improvement
of the County Courts generally had received the sanction of that
house, and been supported by him. He concurred in much of
what his hon. and learned friend had said, and particularly in his
approval of trial by jury, which gave to the people of England
the administration of justice, with which if they ever parted,
they would endanger all their rights. He was not prepared to
say that a Judge should sit constantly in the same county. The
hon. gent. o.uded by observing, that change merely for the
purpose of change. could never do any good ; it would be unbe-
coming him top through the whole of his hon. friend's long, and
no doubt will-meditated plan; he should, however, give it his
suppat.
Mr. FERGUSON supported the motion, because ft did not
go to supersede' the jurisdiction of the higher tribunals, and
because the came justice would be dealt out to the poor as well
as to the rich. To one put of his hon. friend's motion he could
not agree, namely, that the Sheriffs should reside in their own
county. If that resolution wen adopted by the House, them it

-

[4 () N L . .N.

FRIDAY, APRIL 30.

THE KING.

lite anxiety of the public mind, occasioned by the late
symptoms of his MAJESTY'S illness, will be
4* hat appeased by the following Bulletin, which was
i.butil this It has at length been deemed
469461 kt to publish Bulletins daily, and they are ex-
-4,;,ite1l to the Noinlity and Gentry in tho Presence
::aniber at St. James's Palace.

It is much to k :ogretted that such a course was not
<uvd from the first announcement of the KING'S in-

.11!Oalt

WINDSOR CASTLE, APRIL 30,1830.
' KING hal &everal hours of refreshing sleep last

f .

• Hi= M
JEST Y's symptoms appear to be somewhat

...C11~(1.1~ '.

(s'igLid)

" HENRY HALFORD.
" MATTHEW J. TIERNEY."

Chtinet Council assembled this day, at three o'clock,
Fi.ltign-Office, in Downing-street.

it length we may sfelys we do most unfeignedly,
oligistulate the country upon the prospect of such a
ennui in the administration of Justice as can alone en-
tie our system of jurisprudence to the confidence of the
1416, by rendering its tribunals easy of access to the
poor as Nell 11111 to the wealthy; and ensuring—as far as
blimp precaution can do—the equal and impartial
distribution of its benefits. After a lapse of somewhat aiorz than two yearii—,!nring which it was feared the great
demgii had been abandoned—Mr. Baovaii A M last night
toured foi. and obtained, leave to bring in a bill for the