§ Mr. H. Clivelaid on the table a number of papers and reports connected with the commission to inquire into the receipt of fees, &c. in the courts of justice in Scotland. He moved they should be printed.
§ Lord A. Hamiltonbegged to be informed whether it was true that a new appointment had taken place, or was about 49 to take place; namely, that of a fourth baron of the exchequer in Scotland? He saw, with regret, that no respect whatever had been paid to the suggestion of the committee, relative to the diminution of judicial expenses, nor any one earthly measure adopted in favour of the public as regarded the decrease of its burthens. He asked, therefore, whether such was the intention of ministers in the event of a vacancy?
§ Lord A. Hamilton,after this information, should feel it his duty to bring the subject before the House; but at present he was not prepared to say whether he should do so by moving for a copy of the appointment, or for a vote of censure upon the adviser of such an appointment.
The Lord Advocatehad no doubt but that he should be able to satisfy the House of the propriety of any measure of this sort which had been adopted, whenever the period arrived for its discussion.
§ Sir John Newportwas exceedingly anxious that his noble friend should bring this motion under discussion, either by moving for a copy of the appointment, or by any other mode of proceeding which he might think proper. He greatly lamented that not one step had yet been taken to realize the suggestions of many of the most intelligent members of that committee.
§ Mr. Broughamwished to ask the learned lord one question about the filling up of an appointment. The learned lord had once in his place remarked, that some officers of the jury-courts of Scotland being thought necessary, their appointments could not be filled up until parliament met. In consequence, however, of their having discovered a very gross transaction, which he would not characterize in the language that it deserved, it appeared otherwise. Had an additional number of judges of the jury-courts been really appointed? For the transaction he spoke of was really one of the most outrageous and gross jobs that ever had been done.
The Lord Advocatewas not cognizant of the particular transaction to which the learned gentleman alluded; but it was in consequence of express representations that the business of the judges of the jury-courts had so much increased, that their office could not be carried on without an addition to their number that that addition had been made.
§ Mr. Broughamwas not at all surprised that the judges of the jury-court, as parties in the case, should have recommended the addition; and he grieved that an hon. and learned friend of his was at that time a member of that very court. He pledged himself, however, to prove, that a grosser job, a more palpable job, or one more outrageous to the feelings of a burthened public, had never been transacted, even in Scotland.
§ Lord A. Hamiltonthen gave notice, that he should move for a copy of the appointment on the 11th of May.