HC Deb 09 May 1882 vol 269 c353
SIR HARDINGE GIFFARD

, in rising to move for leave to introduce a Bill for the amendment of the Judicature Acts, said, that among other questions which had been brought to the attention of the Government were those of trial by jury and the operation of the rules under the Judicature Acts. Under those Acts the Judges had it in their power, if they chose, by the mere publication of rules, to abolish trial by jury in several cases, and the only check on that power was that, within 40 days after the rules had been laid upon the Table of the House, the House might disagree to them; but until a Resolution to that effect was passed the rules were at once operative, so that it was possible, by a mere rule, at once to sweep away the safeguard of trial by jury. It was never intended that the Judicature Acts should have such an effect; and he believed the Bill he now proposed to introduce met with the approval of the Government. He therefore moved for leave to introduce a Bill to amend the Judicature Acts 1873 and 1875, so as to render it necessary that the rules made by the Committee of Judges should be laid upon the Table of the House for 40 days before coming into operation.

Motion agreed to.

Bill to amend the Supreme Court of Judicature Acts 1873 and 1875, so as to render it necessary that the rules made by the Committee of Judges should be laid upon the Table of the House for forty days before coming into operation, ordered to be brought in by Sir HARDINGE GIFFARD, Mr. BUTT, Mr. M'INTYRE, Mr. CHARLES RUSSELL, Mr. INDERWICK, Mr. WEBSTER, Mr. BUCHANAN, and Mr. GREGORY.