SHERIFF COURTS (SCOTLAND) BILL. (Hansard, 29 July 1853)

§ The EARL of ABERDEEN,
in moving the Second Reading of this Bill, said it was a measure of law reform from which anticipated the greatest advantages to the people of Scotland. His noble and learned Friend (Lord Brougham) was, he believed, of opinion that the Bill did not go fat enough, and, in his ardour for legal reform, would have been willing to attempt a much more extensive alteration in the law. But he trusted that he would be ready to accept the improvements in the law proposed by this Bill, and that the noble and learned Lord would also do him the justice to admit that the Government were desirous of adopting, with due caution, every species of reform in the law which could be required. The present Bill was so completely technical in its character that it was neither necessary nor desirable for him to explain its provisions ii detail. The Bill had two objects—namely to expedite the proceedings, and to render the administration of justice in the sheriff courts both cheap and speedy; and in both respects he thought it promised to effect 978 a most beneficial change in the present law of Scotland. The Bill, as amended, had received the almost unanimous support of the Scotch Members, and he trusted that it would meet with the assent of their Lordships. The noble Earl moved that the Bill be now read 2^a.

LORD BROUGHAM
said, that his noble Friend (the Earl of Aberdeen) had correctly stated that he had, in bringing forward the County Courts measure, referred to the Scotch Sheriff Courts as an example of local judicature. But he had distinctly, at that time (1830), objected to the nonresident Sheriff, and maintained that he ought always to reside. His objection to the present Bill was, that it was extremely inadequate to remedy the evils so generally complained of; but he by no means considered it as without merit, and even considerable merit. The step made was in the right direction, though very small as regarded the extension of the Small Debt Jurisdiction, from 8l. 6s. 8d. to 12l.; and this he had lately taken leave to call a homœopathic remedy. But he admitted that other provisions of the Bill did not deserve that name, especially the abolition of written pleadings, arguments and proofs, and the substitution of oral procedure. He also approved of taking away the appeal from the Sheriff in causes of 25l. and under, and of giving the option in all causes of appeal to the Court, and of making the decision final by consent of both parties. The optional clause had likewise been adopted in substance from the English system, so as to extend indefinitely the Small Debt Jurisdiction by consent of parties. For these reasons he should not oppose the second reading of the Bill, from which he hoped some good might arise, and especially the great good of its laying the foundation for a more ample and satisfactory measure hereafter. As to the fitting structure of that larger measure, there might be doubts entertained, and on one point he had never disguised from himself the great difficulties that surrounded it—he meant abolishing the double sheriffship, and having only one constantly resident Sheriff. But on one subject, he really could see no doubt or difficulty whatever. Mr. Craufurd's Bill, including the matter he had just mentioned, had been very ably and carefully prepared; and he believed it gave great satisfaction to a great part of the community in Scotland. It had, however, met with a formidable opposition, both in the country and 979 in the Commons. As far as it meant to extend the Small Debt Jurisdiction, and to place Scotland on the footing on which England stood since the new system was established, be could not understand the ground of objection. By all means let the same causes be tried in Scotland with the facilities, the cheapness, and the despatch of the English County Courts, and the appeal confined to matter of law. We used to envy Scotland for her local judicature—Scotland now envies, and justly envies England. This was one of the instances in which the assimilation of the laws in the two countries would be of perfect safety and of indisputable advantage. His noble Friend (the Earl of Aberdeen) spoke of his ardour as a reformer; but he was anything rather than a rash one, and was often complained of as not going far enough.

The DUKE of BUCCLEUCH
said, he thought the Bill would prove of very great benefit to Scotland in the administration of justice. He was especially glad to observe that the arrangement as to the double sheriff, the sheriff-depute and the sheriff-substitute, was still maintained. He knew there was a strong feeling in different localities in Scotland against the double judicature; but, so far as his experience and knowledge on the subject enabled him to judge, he had seen nothing to alter his opinion that at present the existing system was the best that could be maintained.