Mr. Stuart Worthyrose for the purpose of moving for leave to bring in a Bill, the nature of which, if the House would allow him, he would very shortly state. The object of the Bill was, to regulate the offices of the Supreme Courts of India, and it might properly be divided into two parts. The first related to the offices which existed in the Supreme Courts, and were originally established at the suggestion of the Judges of those Courts. The parties filling them were remunerated by fees arising out of the proceedings. In the course of time these fees had amounted to so large a sum, that it was absolutely necessary to regulate them. To give the House 520 some idea of these emoluments, he would mention one or two instances. The Equity-Registrar, who holds several other offices as was the case with every officer affected by the Bill—the Equity Registrar of Bengal received emoluments to an amount very little short of a lac of rupees in a year. The emoluments of another officer in that Court amounted to 9,000l. a-year, and the emoluments of a third officer were 7,000l. a-year. In Madras, the fees were not so great as in Bengal, but the principal Registrar there received 6,000l. a-year; and in Bombay, the emoluments of the Chief Registrar amounted to between 4,000l. and 5,000l. a-year. These fees now amounted to a sum which was never intended, and certainly ought not to be allowed. That such emoluments were inconsistent with the offices to which they were attached would be at once perceived when he stated, that while the Chief Justice of India received a salary of 8,000l. a-year, the principal Registrar of Bengal was in the receipt of an income very little short of 20,000l. a-year. The object of the first part of the Bill, therefore, was, to regulate these enormous emoluments, and to reduce the incomes of the different officers connected with the Courts of India to their proper standard, by as-signing them a regular salary, to be derived from the fees, but to be fixed by the government of India, with the sanction of the Board of Control at home. It was proposed that the surplus arising from the fees beyond the amount of salaries should be carried to the Territorial Fund. The second part of the Bill related to the Judges' Clerks. Ever since 1799, the Judges' Clerks in India had been in the habit of practising as attornies. In the course of the year 1829, his noble friend, then at the head of the Board of Control, wrote to the Judges in India upon this subject. The Judges replied, that they were perfectly aware of the practice, that it had existed for a long time; but they were not aware of any evil arising from it. Rather, however, than that any practice should exist which would throw them open to any suspicion, they begged that steps might be taken to abolish it. The object of the second part of the Bill, therefore, was, to provide that Judges' Clerks should not be allowed to practise as attornies of the Supreme Courts of India, These were the only objects of the Bill, and he moved for leave to bring it in.
Mr. Charles Grantwas aware of the extreme importance of this subject; but was unwilling then to enter into any of the particulars of it. He only wished, in giving his assent to the introduction of the Bill, to reserve to himself the right of objecting to any of its details in a subsequent stage. His hon. friend knew that his opinion differed from that of his hon. friend upon some of the points connected with this subject. The two points upon which he particularly wished to reserve to himself the right of objecting, were—first, the continuing of these enormous emoluments, even during the lives of those who now enjoy them; and, secondly, the carrying of the surplus fees to the Territorial Fund.
Mr. Cutlar Fergusonadmitted that it appeared improper that any secondary officers in Courts of Justice should receive such enormous emoluments as the Registrars and other officers of the Courts of India. In legislating upon the subject, however, it was necessary to consider how the public service might be affected by it. The emoluments of the principal Registrar of Bengal were certainly prodigious; but he did not believe that any other single individual could be found to discharge the duties of all the offices which he filled. He should have been better pleased if the returns, upon which this Bill was founded, had contained an account of the emoluments paid to these officers for a series of years, than for only one. He was certain that during his stay in India the amount of these fees and emoluments was not near so great as at present. The offices, from the increase of the business of the Courts, had become more lucrative than formerly; and it had been considered that barristers of a proper standing and ability could not be induced to accept them, unless their emoluments were, at least, equal to those which they derived from the Bar. The fees attached to those offices were not fixed by Act of Parliament, but by the Judges; and after they were approved of by them, they received the sanction of Government. It would not be just towards the persons who accepted these offices, upon the faith of receiving the fees attached to them at the time they accepted them, that a part of those fees should be taken from them. He would not enter into details, but would reserve his remarks for a future stage of the bill.
§ Leave given, Bill brought in, and read a first time.