HC Deb 15 May 1873 vol 215 c2072

SUPREME COURT OF JUDICATURE BILL.

HOUSE OF LORDS, MAY 5, 1873.

Bill read the Third Time.

"DISSENTIENT:

"1. Because this Bill seeks to deprive the Lords Spiritual and Temporal of a right which has never been abused, and substitutes a Tribunal, on account of its knowledge of the technicalities of Law and Equity, at the same time that it abolishes every regular form of pleading, and introduces the necessity for printed forms at Common Law, instead of upholding the regulations of the Common Law Procedure Act, 1852, and multiplies printed statements in Equity Cases, unless a Defendant at once submits to a claim made against him.

"2. Because it substitutes a Committee of Judges to form rules as to term, vacation, and circuit, subject to doubt and delay and opposition after being laid before Parliament, instead of framing rules and divisions of times and of circuits which can at once be understood by counsel and suitors, and all Her Majesty's subjects.

"3. Because Her Majesty's ancient Courts of Chancery, Queen's Bench, of Common Pleas, and Exchequer, do not require a new legislative enactment to enable them to retain their distinctive names; nor is it desirable to re-appoint any salaries or retiring pensions, which are already settled by Law; nor to send blanks to be filled up in another place with salaries for newly created Judges, especially as on June 13th 1839 the Borough Courts Uniformity Bill having been sent to another place with blanks (as to dates) and returned with blanks, was consequently no Bill at all.

"4. Because the extremely unfair reports in the newspapers of what was really said by at least one Member of Your Lordships House has given the public a false impression of the debates, and possibly may have prevented a fair consideration of some of the arguments adduced.

"5. Because the retirement of The Right Honourable and revered Lord Saint Leonards has alone prevented his Lordship from opposing the attempted degradation of this Honourable House as a Court of Appeal for England and Wales.