§ On the motion of lord Althorp, that this bill be read a second time,
The Attorney-Generalrose to propose that some indemnity should be provided for the Prothonotaries and other officers of the Court of Common Pleas. Those officers held their places by patent, and had paid large sums for the purchase of them; and he submitted, that upon the principle which the House had recognized in other cases, they were entitled to be recompensed for any loss they might sustain by the bill now in progress. If the Court of Common Pleas were to be abolished altogether, there could be no doubt that the House would feel it necessary to provide for these officers, and as their emoluments were now to be materially diminished, he thought they had a proportionate claim. There were officers of the Court of King's Bench who were equally entitled, but these would probably be brought before the House by some other person.
§ Mr. Humehoped, that if the noble lord adopted the learned gentleman's suggestion, he would also insert a clause to prevent all such offices from being sold in future.
Dr. Lushingtonthought the House might, with great propriety, institute an inquiry into this subject. Nothing could be more detrimental to the administration 729 of justice, than that such offices should be sold; by which practice they might fall into the hands of persons who were not capable of performing their duties. One of the offices in the court of Exchequer was at this moment held by a lady of quality. It was not necessary to go further, to prove the absurdity of this practice. Nothing could be more preposterous. Owing to the difference of fees, too, between the courts of Common Pleas and Exchequer, and the King's Bench, parties could not resort to the former courts upon the same terms, as they could to the latter: the consequence of which was, that the latter was loaded with business, while the others were comparatively deserted. This subject had been often in his mind, and the only difficulty he felt in proposing some measure to the House was, how to dispose of the claims of the existing agents.
Mr. Bernalsaid, that a commission ought to be issued, for the purpose of inquiring into the abuses of the law courts. Nothing, he was convinced, would operate on the system but a commission, with very extensive powers, or a committee of that House.
§ Lord Althorpsaid, the question of compensation presented many and very great difficulties. He admitted, that where parties were in the possession of vested rights, they were entitled to be indemnified for any damage which those rights might sustain; but this principle did not apply to the case of a diminution of fees. He apprehended that if this principle were once admitted, the House would have to go much further than was at present contemplated.
§ The bill was read a second time.