The Statesman.
London, England, 1820-06-21 00:00:00

E STA'

ler Judge, might be prevented from doing se, as the
cause might be sent for into that Court in which nei-
ther the Judge or Counsel were. besides, this mea-
sure could not be fairly adopted without giving a corn-
pensation to the Puisne Judge who shoOld be employed
to hold sittings: and this was no time to entail such
an expense on the public. If it were possible to do
away the trifling causes of the Court, a great deal of
good would be done : the greatest portion of business
in the Court of King's Bench at this time consisted of
causes under the value of tilt, and it would be of im-
mense benefit to all parties if such causes as these were
done away. Ile therefore wished that his Learned
Friend, instead of the present Bill, would introduce
one of a more enlarged and liberal nature.
Mr. WMICZN supported the Bill, lie did not mean
to controvert the necessity of some more extensive
measure hereafter to remedy the existing inconveni-
ences in the proceedings of the Court of King's Bench.
The object of the present Bill was to give relief to a
very pressinz evil. Ile thought it unlikely that a Bill,
which had in view the rendering more easy the busi-
ness of the Bench, would meet with the disapprobation
of a Judge. lie admitted that several disadvantages
would arise from the operation of the Bill ; but these
became very trivial in comparison with the inconve-
niences which would continue if not remedied by the
Bill. The House would remember that p few years
ago the press of business in the Court of ttancery be-
came so great, that the Lord Chancellor, with all his
talents said industry, could nut dispose of it. The con-
sequence was that another Judge was created, anal be
(Mr. W.) could state, on the authority of several gen-
tlemen connected with that Court, that the arrangeomnt
was productive of a very great benefit, although not
unattended with some dismay-it:lieges. The arrange-,
ment contemplated by the Bill was exactly analgous
to that of the Court of Chancery.
Mr. Lot Att.INT objected to the Bill. It was said,
that the Bill was iutendeol merely to remedy a tempo-
rary evil. lie objected to any palliative measure of
this deseript i•.ti. lie thought, that all the evils com-
plained of resulted from suffering causes of a trivial
nature to occupy the attention of the Court sif Kind's
Bench. The constitution of this Court originally,
did not sanction the introduction of a multitude of
causes with which it had been habitually ne.lopied. It
was intended as a High Court of criminal judicature.
It was of the utmost consequence, therefore, that the
Judges of this Court should come to the consideration
of those high matters which mitre immediately belong-
ed to their jurisdiction, with minds perfectly free
from fatigue, and the other consequences of laborious
occupation. Ile %%mild submit also, on this occasion,
the propri, ty of withdrawing the obligation, in a great
part, of having the proceedings of this Court taxed by
the medium of son); s----the weight of which, in a great
variety of instances, brought about consequences to
the suitors amounting to a total denial of justice.
Mr. CIILTWICNII thl.lo.t there would be no differ-
ence of opin:on as to the character and conduct of the
Judges, in whose hands theadministration of the law
was confided. '1 hey were all able, virtuous, and in-
defatigable men. He thought their etni,luiitents were
by far too little ; and although hr should most re-
luctantly sanction an)—the slightest addition to the
public burdens—he still hoped, that at no distant pe-
riod some increase to their remuneration would be
proposed. The Ilan. Member, in adverting to the
Bill, mentioned, among other abases which might be
corrected in the present system of criminal judicature,
that of requiring convicted defendants, in cases of
offence against the revenue laws, to be brought for
sentence to the Ring's Bench from remote parts of
the kingdom, although it might happen that the sen-
tence was already defined by statute, and could not
be interfered with by the Judges of the King's
Bench. lie mentioned the case of a poor woman
who walked from the west of England to London
to receive judgment, and her miserable appear.
ance so forcibly struck the Learned Judge ou the
bench, Mr. Justine Bayley (than whom there never
was a more humane or able Judge), that he asked the
Attorney
this kind (Revenue cases) by indictment, rather than
by information, to which that Learned Uentleman re-
plied in the negative. lie (Mr. C.) thought the power
of the Attorney-Ueneral too gigantic to he entrusted
to any one man, and it should be jealously watched
by that House. He suggested the propriety of intro-
ducing a clause, enabling the Judges of Assize to
pass sentence in certain cases.
Mr. 'UNMAN entertained the strongest objections to
this Bill, whether as a temporary or a permanent
measure. The proposed arrangement would be very
proper, if it happened that the. King's Bench was the

onitr Court in firstminster-hall; but this was not the
case, there were two Courts there enjoying compara-
tive idleness—and to these he thought the opportunity
should be given of taking a share of the proceedings.
This, he contended, would be a much more expedient
arrangement than that of overturning the consti-
tution of a Coast, which experiences] this eabsordi-
nary press of business, on account of the deserved po-
pularity of its system of proceeding. He thought it
worthy of notice, that two clauses had been selected
for the present Bill, out of a Bill which he had intro-
duced on a former occasion, for the purpose of facili-
litating the proceedings of this Court; and it was re•
msrkable that the two clauses so selected were, in his
opinion, the lent effective of the whole. fie was our-
prised that one par: of his Bill had not been thought
worthy of adoption, namely, the clause which pe i-
vided, that defendants should plead to indictments, or
informations, before the Judge in the Bail Court, by
which means the reading of the indictuent or in-
formation, consisting perhaps of blasphemy and ob-
scenity, in open Court, would be avoided. To this ob-
vious improvement he could not see any objection. He
also spoke forcibly in favour of a prJvision, enabling
Judges of Assise to pass sentence in certain cowl
the contrary practice he was well assured gave rise is
the under departments to a gross system of jobbing.
The analogy attempted to be shown between the ant
arrangement for the King's Heeds, abd that wlsleitiM
now meted en la the Court of Chancery, failed in 111161
respect—Am le the latter Court it was of little seal.
gooses la what eider the Comael were heard— whereite
in geese before a Jury. the suitor must some with $ll
his Ceaneel in seedless§ s amid should it hypes that
the eases would be called en while his Media' eztle
was oboist is smother Court the eeeseluenee