HL Deb 06 March 1834 vol 21 cc1187-8
Lord Wynford

brought in a Bill for assimilating the practice of the Courts in Ireland and England, and for the more effectual recovery of debts for which final judgment had already been obtained in any Court of Law. The object of the Bill was, to render the judgments of English Courts effectual in Ireland, and for rendering, in the same manner, the judgments of Irish Courts effectual in this country. As the law now stood, a man might recover a judgment in either of these countries; but for the purpose of rendering it effectual in the other, he must commence an action upon that judgment. By such a course he was exposed to certain delay and expense, and to probable loss of the fruits of the first judgment. These were great evils; and it was to get rid of them, that he proposed the present Bill. He proposed to effect this, by making it lawful to transmit to the Court in either country, a copy of the record of the judgment under the seal of the proper officer of the Court where the judgment had been first obtained; and on that copy being received, the party who had obtained the judgment should be at liberty to issue execution. This was a principle which might with great advantage be extended to foreign countries, if the Ministry could obtain the concurrence of their respective governments. Instances were now of frequent occurrence in which debtors ran away from this country—kept the money which justly belonged to their creditors in their own pockets, and evaded the payment of their just debts. He knew one instance which was very well known to the noble and learned Lord on the Woolsack, in which a judgment for thirty thousand pounds had been obtained against a party in Ireland; that party then came to this country, where the judgment was affirmed, but by that time the party was in France. A considerable expense was gone to in that country in order to enforce the judgment; but by the time that process had been gone through, the party had gone off to Italy; and so on the thing might go for an unlimited time. It was to put an end to such an abuse, that he introduced the Bill. It would also have the great object in view of putting au end to the great delay occasioned by the present system. He moved that it be read a first time.

The Lord Chancellor

acknowledged that great delay and expense were caused by the law as it at present stood, and willingly admitted that some legislation was necessary upon the subject. He would take the earliest opportunity of looking into the details of the Bill, and would give it his most earnest attention.

The Bill was read a first time.