HL Deb 12 March 1807 vol 9 c84
Lord Grenville

adverted to the discussion which took place on Tuesday relative to the memorial of the lords of session, and to the desire which was then expressed of being informed of the opinions of the judges of the court of session respecting certain parts of the bill for the better regulation of courts of justice in Scotland. Whilst he was decidedly hostile to any proposition for receiving the opinions of the lords of session with respect to the expediency of the bill as a legislative measure, he still thought it of importance that their lordships should have the opportunity of putting questions to the judges of the court of session, or some of them, with respect to the practical effect which might be produced by any of the provisions of the bill. In making a proposition to effect this purpose, his object was to avoid all unnecessary delay, it being his earnest wish that the bill should pass through that house so as to allow a reasonable time for its discussion in the other house, and this also with a view to what, from the state of the business in par- liament, there was every reason to expects namely, a termination of the session at an earlier period than had been usual for some time past. To send therefore questions for the opinion of all the judges of the court of session, must necessarily be productive of extreme delay; the only mode which appeared to him practicable, was to order the attendance of the lord president of the court of session, and the two senior lords of that court, during the discussion of this bill, with an understanding that any of the other lords whose convenience it might suit might also attend. His lordship concluded by moving, that the lord president of the court of session, and the two senior lords of that court, do attend the service of the house with all convenient speed.

Lord Kinnaird

doubted, the propriety of hearing the lords of session at all, but if they were to be heard, whether they should not all be ordered to attend.

The Earl of Lauderdale

observed, that if all the judges of the court of session were ordered to attend, it would greatly impede the regular course of justice in Scotland.

Lord Eldon

concurred in the propriety of the motion, and suggested that the stage of the bill in which the attendance of the judges would be most useful would be in the committee.

Lord Grenville

was of opinion that no delay ought to take place in the progress of the bill, and that the house might still proceed on it in the manner originally proposed.

Lord Auckland

was anxious to have it distinctly understood, that the attendance of any of the other lords of session who might find it convenient, would be desirable.

The Lord Chancellor

approved of the motion, which he thought the only practicable mode of having the opinions of the judges of the court of session.—The motion was then agreed to.