HL Deb 06 June 1809 vol 14 cc888-9

On the question for the second reading of the Bill for extending the Feversham jurisdiction for the recovery of small debts to the hundred, and constituting the Feversham jurats judges, in common with the hundred,

Lord Ellenborough

stated various forcible objections to the measure. His lordship said, that his time had been particularly broken in upon by applications from parties respecting such bills as these, which were generally the offspring of self interest, and originated with some attorneys, in particular neighbourhoods. Under the pretence of cheap justice, they were in their effects nothing but cheap injustice to the country. After stating many other sufficient grounds for rejecting the bill, his lordship said, that he had come down to oppose this bill, to mark his disapprobation of such partial, ineffective, and too often injurious measures. The ancient county courts yet remained open to suitors; and he was happy to say, that a noble and learned lord had an intention of bringing forward a measure which contained no partial application, but was directed to this subject in such a way as to embrace the country at large.

The Lord Chancellor

was glad in having the present opportunity of expressing his approbation of the sentiments delivered by his noble and learned friend. He was aware his noble and learned friend had bestowed particular and serious attention on the subject, before his present line of conduct. With him, he agreed, considerable mischief had been felt by society, in the multiplication of these acts of parliament; they had been carried into execution by very improper persons, and had a pernicious effect upon those persons themselves; for they thereby imbibed wrong notions of justice, and when they became jurymen, they were apt, from such wrong bias of mind, to give verdicts in opposition to the opinion of learned judges, and in opposition to the established law of the country; they were also destructive to the very first principles of all law amongst us, for they introduced a mode of decision, without laying down, by precedent, any known rule of conduct.

The Earl of Darnley

said a few words, expressive of his opinion, that the opposition might be considered hard, as in a particular manner affecting the present bill.

The Earl of Moira

had long witnessed, with regret, the increase of bills of this description. The necessity of some general legislative measure was, in his opinion, evident; and would be found so upon a perusal of the report of the committee appointed to examine into the laws of debtor and creditor.

Lord Redesdale,

after supporting the arguments of the other noble lords on the present question, stated, that he had it in intention to bring before their lordships, in the next session, a bill for carrying county courts into full effect throughout England. He wished also to state, that he had two other bills in view to bring before their lordships next session. The first was to raise the sum on which writs of arrests took place, to an amount higher than it was at present, which was ten pounds. The object of the other was to endeavour to apply, as far as it was practicable, that principle which had been acted upon in the laws of Scotland, and in the commercial country of Holland, to the insolvency laws of this land. He meant the principle of Cessio Bonorum. He could not state exactly the mode he would pursue; but, perhaps, it might be, by a sort of perpetual insolvency bill, as far as he could make it practicable.

The question was then put, that this bill be read this day three months, which was agreed to unanimously. The bill was consequently lost.