§ Earl Bathurststated, that he had adopted the suggestion of the noble lord (Holland), as to dividing the bill into two parts. He agreed that it would be proper to consider that part which related to the celebration of marriage separately. He then moved, that it be an instruction to the committee on the bill to divide it into two. The House having resolved itself into the committee, the noble earl proceeded to state the amendments he proposed to make in the bill relative to the judicature. The circuit courts were to have jurisdiction in criminal and in civil cases. In criminal cases, when no jury could be found, the judge and three assessors were to try the parties accused; but no person was to be found guilty, unless the judge and two of the assessors agreed in a verdict to that effect. In civil cases it was thought proper that the judge should try without any assessor. An appeal would lie from the circuit courts to the supreme court at St. John's. In cases where there had been a jury, the appeal would be confined merely to questions of law. In cases in which there had been no jury, the appeal might embrace both the law and the fact.
Lord Hollandthanked the noble earl for having adopted his suggestion. As to the amendments, they appeared to be founded upon the best principles. He thought, however, that it would be better to make the assessors perform the duty of a jury, and return a verdict independent of the judge. In civil cases they might be employed to decide upon facts. It was desirable that Newfoundland should have a constitution similar to the other colonies as soon as possible.
§ Earl Bathurstconsidered Newfoundland by no means prepared for receiving a con- 528 stitution with houses of assembly, and should oppose any proposition to that effect. With regard to the powers the noble lord proposed to give to the assessors, if their lordships were to advance further than the amendment, It would be difficult to know where to stop. To adopt the alteration the noble lord had suggested, would be to introduce quite a new principle; and if men were to act as jurors, they could not be called assessors.
Lord Hollandthought, that if the office was of utility in itself, a little ingenuity might enable their lordships to find a name for the persons who exercised it; so that they need neither be called jurors nor assessors.
§ The amendments were agreed to.