§ The Lord Advocate moved for leave to bring in a Bill "to prevent obstruction of business in the Court of Session of Scotland." He would only say, that the Bill was necessary, because, if a Judge now fell ill, there was no power to call in another Judge to supply his place.
§ Sir George Clerksaid, the present Bill was rendered necessary by the anxiety of the hon. and learned Lord's predecessor to reduce the judicial establishments of Scotland as low as possible, so much so, that it appeared that the temporary indisposition of a Judge stopped the whole business of his division of the Court, and compelled the adoption of a plan to procure the assistance of another Judge to dispose of that business. This Bill was rather a curious commentary upon another bill which had been brought forward by the learned Lord, and which proposed to abolish the Court of Exchequer in Scotland, and transfer its duties to the Court of Session, although it appeared, by the present Motion, that that Court was unable to get through its own proper duties. While he was speaking on the subject, he would express a hope that the learned Lord would, at the same time, apply himself to placing the Scotch Judges on a footing with their English brethren on the score of remuneration for their labours. At present, the Scotch Judges did not enjoy one-half the salary of the English Judges, though their duties and acquirements were at least equal.
Mr. Cutlar Fergussonsaid, the late Administration had augmented the duties of the Court of Session, without increasing, in a corresponding ratio, the salaries of the Judges. Although the late Government had neglected that duty, he hoped it would 809 be taken up by the present one, and that it would see the justice and necessity of placing the Judges of Scotland somewhat more upon an equality with those of England than they were at present; the former had only 2,000l. per annum, while the latter had 5,500l.
Mr. Goulburnagreed with both hon. Gentlemen as to the justice of increasing the salaries of the Scotch Judges. The Administration of which he had been a member, had brought in a bill for the purpose of carrying this increase into effect, but, in consequence of the abrupt termination of the Session, owing to the demise of his late Majesty, the bill was not passed into a law.
§ Sir Charles Wetherellsaid, if the number of Scotch Judges was not sufficient, they could easily spare three from the new Bankruptcy Court. He hoped, that whenever there was a question again about increasing or diminishing the number of Judges, more attention would be paid to the subject than was shewn in the late creation of four new Judges, where one would have been quite sufficient.
Mr. Humedid not rise to oppose the Bill, but, on the contrary, to support it. He should be glad to see greater reductions made in the Courts of Scotland—he should be glad to see the number of Judges reduced from fifteen to eight, who would be quite sufficient, and capable of getting through all the business of the Court. By simplifying the judicial proceedings, seven or eight would be quite enough. He was not surprised that all the learned Gentlemen rose, one after another, to condemn the insufficient salaries, but he must protest against the intention of the late Government to increase the salaries of the Scotch Judges. With the present salaries, there was no want of able men in Scotland to accept of situations on the Bench. He wished there might be a deficiency in the Revenue for the next four years of 1,000,000l. a-year, because that would impose a necessity of reducing all salaries. He should be better pleased to hear a proposition for reducing the salaries of English Judges, than for increasing those of the Scotch. He agreed with the hon. and learned Gentleman, that one Judge would have been quite sufficient for the new Bankruptcy Court.
§ Sir Edward Sugdensaid, he could not but express his surprise at the haste with which the noble Lord (Lord Althorp) hurried a bill through the House at the 810 close of last Session, appointing four new Judges, at a salary of 9,500l., when it was proved, that the whole business which could come before them might be disposed of by one Judge, at a salary of 6,000l., in the course of thirty-five days. He did not know what the salaries of the Scotch Judges were, and, therefore, could not say whether it was too much or too little. If the noble Lord was so ready to squander thousands in legal appointments, he should not be surprised to hear, that the salaries of the Scotch Judges were increased before the close of the Session, if a proposition were made to diminish them.
§ Leave given to bring in the Bill.