§ The Lord Advocatesaid, in bringing before the House a Bill for making certain alterations in the duties of the Lords Ordinary, &c., he wished to call attention in the first place to the savings that had been made in the Court of Session and Court of Admiralty, and Court of Exchequer in Scotland. In the Court of Session and Admiralty, the savings which had actually accrued amounted already to 17,375l. 8s. 4½d. per annum; the prospective savings to 11,566l. 6s. 2d. The actual savings in the Court of Exchequer amounted to 14,996l. 13s. 4d.; the prospective to 7,215l. 11s. 4d.; amounting altogether to 51,153l. 19s. 2½d. The returns from the Commissary clerk were not so clearly made, but the savings by the abolition of that Court would exceed 2,000l. These returns, as soon as a further return was obtained from the Commissary Court, he should move should be printed after the recess; but savings to the public would take place which could not appear on any return, for from twenty judges being reduced to thirteen, and six principal clerks to four, a very considerable saving would take place in the amount of retiring allowances. The office of Keeper of the Privy Seal, which had undergone no change, and who, besides drawing a salary of 3,000l. receives a large amount of fees, would be reduced to 1,200l., no part of which would he payable from the Exchequer, but entirely from the fees, and the balance would be payable to the Treasury. A very large saving would also arise in the event of the office of Lord Register, Keeper of the Sasines and of the Signet, becoming vacant. In the department of stamps and taxes, the savings would be upwards of 860 12,000l. The abolition of the Boards of Customs and Excise, and other retrenchments in those departments in Scotland had been very considerable. In these circumstances, it was natural that the suitors should look for some diminution in the fees which they paid, which would render the expense of litigation less, and throw open the Courts of Justice to persons of ordinary means, without exposing them to ruin, for justice could not be said to be free if parties were obliged, besides paying counsel and attornies, which must always be a heavy expense, to pay large court fees on every step of the proceedings. The great object of this Bill was to follow out the recommendations of the first and second Reports of the Law Commissioners. The first provision of the Act was, that the junior Lord Ordinary should act as one of the permanent Ordinaries, as one of the other four, and that actions of reduction should not be confined to him, but might be brought before any of the other Lords Ordinary. The junior Lord Ordinary has hitherto been overloaded with business; and, although the great zeal and ability of the present Judge has enabled him to get through his duties with great satisfaction to the country; yet, under the former arrangement, it was not possible for Judges of great zeal, industry, and knowledge, to overtake the cases brought before them. His Majesty's Government have found it necessary this year to prolong the Session, so far as regarded the Lords Ordinary, by one fortnight. This was the first time, that the Act of the 1st of his present Majesty, sec. 10, had been carried into effect. It had heretofore remained a dead letter." I have been told, that this Order in Council has given dissatisfaction to some individuals; but, I trust, that the advantages it will be of to the administration of justice, and the satisfaction it has given to the country, as a proof that Government is resolved to remove all unnecessary delays, are more than sufficient to justify the adoption of that measure. The other clauses of the Bill relate to arrangements, the great object of which are to improve the administration of justice and diminish the amount of fees which are exacted from the suitors. I have, in all the salaries proposed, adopted the recommendations made by the Commissioners on Scotch Law, with the exception of one, where the proposed salary was 600l. a-year, and it appeared to me that 400l. would be sufficient; but if it shall appear to the House, that the salary proposed by 861 the Commissioners ought not to be reduced, I shall most readily acquiesce. In general, the salaries of the establishment proposed by the Law Commissioners are very moderate—in the opinion of many persons much too low. The saving in fees to litigants will amount to upwards of 19,000l. per annum. They will be great gainers by this change, and I think they ought to be so. It appears to me, that nothing can be more unjust than that the proceedings before courts of law, which must necessarily be heavy and vexatious to those engaged in them, should be severely taxed to pay fees to officers of Court. By trying a question, and having it ascertained what the law is, the parties often do what is serviceable to many hundreds, who hold their property afterwards in greater security, or are enabled to avoid questions previously unsettled; but the delay with which the discussion is attended is often most vexatious, and the expense frequently exceeds the value of the subject in dispute. I am persuaded, that an enlightened Government could render no greater service to the country than by improving the Courts of Justice, and removing, as far as can be, every source of delay and expense. The right hon. Gentleman concluded by moving, for leave to bring in the Bill.
§ Leave given, Bill read a first time.