HC Deb 16 June 1841 vol 58 cc1547-8

On the motion of Lord J. Russell, the Court of Chancery Bill was read a second time.

On the question that the bill be committed,

Sir E. Sugden

s said, he very much objected to this measure. Last Session a bill had passed into a law, giving the Lord Chancellor greater power than had ever before, he believed, been conferred on an individual—legislative powers, in short, subject to the condition, that the orders which might be made in pursuance of such powers should lay on the Table of the House of Commons for thirty days; and, if not objected to, should, at the end of that time, come into operation. This was a salutary check upon these enormous powers, but this bill continued the powers while it did away with the check; it provided that the orders of the Chancellor should be law, and should come into operation immediately upon being issued, but that they should be laid on the Table, and that the House, if it pleased, might rescind them. This he thought most ob- jectionable, but as this bill had passed the other House, although without having received that consideration (he spoke advisedly) which it ought to have had, and as it was deemed of importance by her Majesty's Government, he should not divide the House against the further progress of it. Nevertheless, he fully reserved to himself the right of objecting, as he possibly might find it his duty to do, to any orders which might be laid upon the Table in pursuance of this bill.

The Attorney General

said, that the bill of last Session had not been acted upon, for the Lord Chancellor, he believed, was afraid to act upon it; because, without this bill, if under the act of last Session the Lord Chancellor had issued any order, such order, however inconvenient its operation might have turned out to be, could not have been altered in any way until it had been thirty-six sitting days before Parliament. It was thought better that there should be an opportunity for revision, alteration, and correction, and this provision in the bill had been framed accordingly.

To be committed on the following day.