FINES AND RECOVERIES BILL. (Hansard, 4 October 1831)

§ Mr. John Campbell
brought in a Bill for the abolition of the present system of effecting Fines and Recoveries. The Bill was read a first time, and on the Motion that it be read a second time on the 11th instant, the hon. and learned Member stated, that he had no hope of carrying the Bill through Parliament this Session, but he wished it to be printed, that it might be generally known. It was unnecessary for him to say any thing of the alterations he proposed, as this part of our law had long been a disgrace to us; it was the remnant of feudal barbarism, and the alterations proposed by the Bill had the sanction of the Commissioners of Law Inquiry.

§ Sir Charles Wetherell
was glad that time was to be given for the consideration of this very important subject. He admitted that some improvement was requisite, but at the same time he could not believe that the system of fines and recoveries as at present existing ought to be described as a relic of feudal and barbarous times. If improvements could be made in the ancient forms of the law he would not oppose them.

§ Mr. Strickland
wished to ask the hon. Member (Mr. Campbell) whether at this period of the Session it was his intention to press the further consideration of the General Registration Bill? He hoped, even if it were so pressed, that the county of York would be excluded from its operation.

Mr. O'Connell
thanked the hon. Member (Mr. Campbell) for having introduced so many legal improvements. With respect to the system of fines and recoveries he would only say, that he differed in opinion concerning it, from the hon. and learned Member. It commenced with learned Judges in other times, who were more enlightened than the Legislature, and who by the introduction of such a system had actually usurped the power of an Act of Parliament.

§ Mr. John Campbell,
in answer to the question of the hon. Member (Mr. Strickland), could only say, that his pressing the Bill or not must depend upon the duration of the present Session. If the Reform Bill passed, which he hoped God might grant, the Session would be prolonged, and in such a case he would certainly 1207 press it upon the consideration of the House.