HC Deb 29 July 1878 vol 242 cc518-9
MR. CHARLES LEWIS

asked the Secretary of State for the Home Department, Whether he is aware that at the commencement of the present Guildford Assizes the senior judge made the announcement that, notwithstanding the terms of Rule I., Order 36, under the Judicature Act, he should only try causes which had arisen in Surrey; that in consequence of such announcement several cases were struck out, including a case where a judge of the Supreme Court at chambers had changed the venue from another county to Surrey; and, whether the Government is prepared to take steps to prevent the serious consequences to suitors arising from the course taken by the judge?

MR. ASSHETON CROSS

, in reply, said, he sent the Question of the hon. Member to the Lord Chief Baron, who was senior Judge at the Surrey Assizes. The learned Chief Baron, in reply, said the learned Judges who had held Assizes in Surrey since the new distribution of circuits throughout England had found it necessary to try no causes in Surrey other than those in which the cause of action arose in the county, or in which the parties and their witnesses were resident in the county. The Lord Chief Justice and Lord Coleridge had adopted this principle, and the main reason was that a great number of causes—sometime 150 or 200—were brought to the Assizes, the parties to which were strangers to the county, and often came from distant parts of the country, and even from Scotland; consequently, the real business of the county was greatly delayed. He (Mr. Assheton Cross) presumed that his proper course would be to send the letter to the Lord Chancellor, in order that the letter might be brought under his notice.

MR. CHARLES LEWIS

said, he should on that day week renew his Question, and ask, Whether Her Majesty's Government intended to take any steps in order to prevent Her Majesty's Judges placing themselves above the law?