§ MR. EDWIN JAMESsaid, he begged leave to ask the Attorney General if it is the intention of Her Majesty's Government to bring in any measure to remedy the delay which now exists in the trial of causes in the Matrimonial and Divorce Court, and to direct his attention to the mass of causes now existing in that Court. With reference to the latter point he might mention that there were now pending in that Court about 285 petitions, which had been filed for divorce or dissolution of marriage, and about 151 causes were standing for trial, many of which had been ready for trial some twelve or eighteen months. It was necessary to have the attendance of three Judges before a decree of divorce or dissolution of marriage could be pronounced, but the greatest difficulty was experienced in obtaining the attendance of the requisite number of Judges. But surely this was a needless guarantee, seeing that one Judge had the power to decide on a question of life or death; why not then upon the simple issue of adultery or no adultery. The country gave the Attorney General credit for being a sincere legal reformer; and, as he was the main author of the new law of divorce, there could be no doubt that he would be ready to remedy any defects which might be found to exist in the measure. The Judges were now about to proceed on their respective circuits, and the decision of the 151 cases to which he had referred—involving the happiness of families and the interests of children—must therefore be postponed for a considerable period. He wished to know whether the Attorney General would, during the present Session, endeavour to introduce some measure to remedy this delay.
THE ATTORNEY GENERALreplied that the first legal subject to which the attention of the Government had been directed was the state of the Court of Marriage and Divorce. It must, however, be recollected that the arrears which had accumulated in that Court ought not to be regarded as affording anything like an indication of what might be expected to be the ordinary state of business. Many of the suits now pending had originated in circumstances which occurred as long as three, seven or eight, or even ten years ago, and an amazing amount of business had been brought before the Court simply in consequence of no tribunal of a similar nature having previously existed. When 556 the Bill was before the House he had been exceedingly desirous that the composition of the full Court should be enlarged, and, adopting a suggestion of his hon. and learned Friend the Member for Wallingford (Mr. Malins), he had been willing that the whole of the Judges should be competent to form the full Court. That proposition was, however, objected to, and the Judges eligible to form the Court were limited to the chief justices and to the senior puisne Judges of each Court. A measure would be submitted to Parliament without delay for the purpose of extending the number of persons eligible to form the full Court, with the view of at once reducing the arrears of causes. The Bill to which he referred would also deal with other matters, and would, he hoped, tend materially to improve the efficiency of the Court. He trusted that measure would receive the sanction of Parliament during the present Session.
§ Motion agreed to.
§ House at its rising to adjourn till Monday next.