HL Deb 21 May 1830 vol 24 cc919-21

The Lord Chancellor moved the Order of the Day for the third reading of this Bill.

The Earl of Eldon

said, that though this Bill had been already read a second time, and had gone through a committee, he had not been able to attend on either of those occasions; but he must add, that his absence was entirely his own fault, and not at all attributable to the noble and learned Lord who had introduced the Bill, who had given him due notice of the several stages of its progress. His opinions with regard to it might be brought into a narrow compass, but he should not at present enter upon a detail of them, as he trusted that the third reading of the Bill would be postponed for some days longer. He thought the Lord Chancellor had judged very rightly in not pressing at an earlier period the third reading of this Bill. He was of opinion, that their Lordships should not decide finally upon this Bill without first knowing what would be done with a great many other bills which were in progress in another place, and which bore upon the question of the general administration of justice. The Bill under their Lordships' consideration might be right if it were accompanied with those measures, or it might be wrong if it were not. He entertained a strong opinion on the subject, but he should not wish to state his opinion on the present occasion. He should feel obliged indeed if the third reading could be postponed to a future day. He was confident that their Lordships would give him credit for not being influenced by any other feeling with respect to this Bill, but by a desire that every due regard should be had to the administration of justice, as well in that House as in the Courts of Westminster-hall. He understood, in a conversation with the Lord Chancellor on a former occasion, that he should feel obliged for any information which he could afford on the subject. He could assure the noble Lord that he was desirous to meet his communication in a proper and friendly manner. He should be glad to communicate with the noble and learned Lord, or any other noble Lord, for that purpose, before the discussion should be had upon the third reading of the Bill, and he should be ready to give him all the assistance in his power. He repeated his hope that this Bill would not be passed until they knew what was done with the other bills elsewhere. If the noble and learned Lord complied with his request, he should reserve his observations until that occasion.

The Lord Chancellor

said, he had taken care to have the usual notices sent to the noble and learned Lord of the second reading of this Bill, and of the committal of it. The noble and learned Lord's absence he understood had been accidental, and the noble Lord only did him justice in stating that it was not attributable to any fault of his. He should feel extremely happy indeed in communicating with the noble and learned Lord on the subject, as he was of opinion that there; was not an individual in the country who was more capable of giving sound and wholesome advice with regard to every thing connected with the administration of justice, both in the Court of Chancery and in that House, than the noble and learned Lord. As the noble Lord had stated that he would communicate with him in private on the subject, he should not think that he was doing justice to himself, to their Lordships, or to the country, if he did not at once meet the proposition of the noble Lord in the spirit in which it was made. He should be most happy to avail himself of that assistance which the noble and learned Lord had so kindly offered. He would therefore propose, that the third reading should lake place on Monday next, or on Tuesday, if that would better suit the noble and learned Lord. He was very anxious that it should be fixed for an early day, for the purpose of giving effect as soon as possible to this and the corresponding measures to which allusion had been made, and which he believed in his conscience, after all the inquiry which had been made, were absolutely requisite for the due administration of justice in this country.

Order of the Day discharged, and the third reading of the Bill fixed for Tuesday next.

Their Lordships proceeded with the examination of witnesses in the East Retford case.