§ MR. BOVILL moved for leave to bring in a Bill to amend the law relating to Petitions of Right, to simplify the proceedings, and to make provision for the costs thereof. He stated that, according to the present 161 state of the law, great difficulties and inconveniences were experienced by merchants, ship-owners, contractors and others, in every case of litigation with the Government. When a contractor failed in his engagements with the Government, the remedy they had against him was simple, expeditious, and easy. But if the contractor had any cause of complaint against the Government, the proceedings were in the highest degree inconvenient, dilatory, and expensive, and amounted, practically, to a denial of justice altogether. He might inform the House what took place in the case of the last Petition of Right that was brought before a court of law. A person took a contract to supply the Admiralty with naval stores, and afterwards made a claim upon them for breach of contract to the extent of between £2,000 and £3,000, and he insisted that he had fulfilled the conditions of his contract. A dispute, however, arose between him and the Board, and by means of a Petition of Right he brought the question into court, and recovered to the extent of £2,400, which was his original claim. But this was after several months of delay and a large expenditure; and he was compelled to bear his own expenses which amounted to upwards of £1,000. He thought this was a gross and manifest injustice, and the practical result was, that few persons would think of litigating a question where the expenses were likely to be more than the sum in dispute. This was a matter of great importance to the interests of justice. Lord Chancellors, Attorney-Generals, and Judges had all condemned the practice, which was so cumbrous and expensive, and which few persons really understood. The process was this:—if a person desired to obtain a Petition of Right he must begin by presenting his Petition to the Home Secretary, for the privilege of doing which he must pay a fee of about ten guineas, and which he never received back under any circumstances whatever. If that Petition was agreed to, it received the sign manual of the Queen and required to be countersigned by the Home Secretary, and by the Lord Chancellor. Then he was entitled to ask for a Commission, before which he might produce his evidence, and if he could satisfy the jury that his cause was just, then, but not till then, he was at liberty to commence his suit, and all the preliminary expenses were wasted. The result was that enormous costs were necessarily incurred, which few persons were 162 willing to encounter. He thought it was unnecessary to state more to induce the House to agree to his Motion; and as he understood it was not to be opposed, he would not occupy their time longer than by moving for leave to bring in the Bill.
SIR GEORGE LEWISsaid, he would not only offer no opposition to the introduction of this measure, but would consider that the hon. and learned Member was doing a very useful service in bringing it forward. He understood that it was proposed to retain the existing system with regard to Petitions of Right, but to simplify and cheapen the mode of procedure; and if the measure accomplished that end, it should have his cordial support.
§ Leave given.
§ Bill ordered to be brought in by Mr. BOVILL, Sir HUGH CAIRNS, and Mr. MACAULAY.
§ Bill presented and read 1°.