§ Lord Howickrose, for the purpose of moving for leave to bring in a Bill, to vender more effectual proceedings before Justices of the Peace. The measure he should have the honour to introduce, was almost precisely similar to that which had been brought forward last Session, but which the multifarious business of pressing importance had prevented from being passed into law. He would not, therefore, trouble the House with any observations explanatory of its objects, further than to say, that it was principally proposed by it to remove those technical difficulties which at present prevented the satisfactory administration of justice, in certain cases, before Justices of the Peace. By one of its most important clauses, the public would also be relieved from the very oppressive use, which was sometimes made, by common informers, of penal Acts of Parliament, by which minimum penalties were imposed on various classes of defaulters; it being intended to vest in the Magistrates a discretionary power to lessen such minimum penalties, as they should think the nature and circumstances of the case might require. The only other object of 239 the Bill he would mention was the important and desirable one, as it appeared to him, of putting an end to the gaming houses in this town, which every body-felt was an increasing and alarming evil. He did not anticipate any objection being urged against its introduction, and he would postpone all further discussion until hon. Members were in possession of the details of the Bill.
§ Mr. Jervisregarded the Bill of the noble Lord, if similar to that which had been introduced last Session, as one whose object was not to remove technical difficulties, but to confer on the Magistrates, who already possessed too much influence, an increase of power to an alarming extent.
Mr. O'Connellsaid, there was one principle in the Bill, which he totally disapproved of, although, as stated by the noble Lord (Howick) and under proper circumstances, it seemed in itself to be perfectly fair—he meant, the doing away of all technical objections. The misfortune was, that in proceedings before the Magistrates, the statutes excluded all consideration of the merits; whereas, if the evidence on the merits were set forth on a conviction, a Court of Appeal would be enabled to proceed much more satisfactorily.
§ Mr. Humesuggested, that the system of having unpaid Magistrates should be done away with altogether. He believed, that such Magistrates thought more of preserving game than any thing else, and so administered the laws, as to provoke rather than prevent crime.
Leave was given to bring in the Bill.