HL Deb 18 November 1830 vol 1 cc572-3
Lord Tenterden

moved the second reading of the Bills which he had had the honour on a recent evening to lay on their Lordships' Table. The object of those Bills was, to carry into effect some of the recommendations in the Report of the Commissioners who had been appointed to inquire into the means of improving the Administration of Justice in the Courts of Common Law. He did not, however, profess to comprehend in his measures all the recommendations of the Commissioners. Of the expediency and practicability of some of them he entertained considerable doubt. He was sure that he should meet with the entire concurrence of their Lordships, when he said that it was a subject which required the most deliberate consideration. The experience of his whole life had confirmed him in that opinion. He had accordingly bestowed all the consideration in his power upon the Bills on their Lordships' Table; and he had availed himself of the advice and suggestions of many learned friends. From his noble and learned friend on the Woolsack, and from several learned members of the committee, he had received essential assistance. He stated this in order to shew their Lordships that the propositions which he was submitting to them had not been hastily concocted. The Bills were five in number, and were entitled—The Judgment and Execution Bill, The Interpleaded Bill, The Prohibition and Mandamus Bill, The Arbitration Bill, and The Witness Examination Bill. The noble and learned Lord moved the second reading of the first Bill, and explained that the object of it was, to procure speedy judgment in execution, leaving it to the discretion of the Judge to stay the judgment in execution if he thought fit.

Lord Wynford

said, that he did not rise to oppose the second reading of his noble and learned friend's Bills. On the contrary, he thought that, as far as they went, they were calculated to do much good. Undoubtedly caution was necessary; but he had no hesitation in saying, that, in his opinion, much more might be done with a view to diminish the present expensive and dilatory character of the law.

Lord Tenterden

admitted, that further improvements were necessary, but thought that they could not be made with too much caution.

Bill read a second time.

Lord Tenterden

then severally moved the second reading of the other bills, explaining that the object of the Interpleader Bill was, to give a party, sued at law by two parties for that in which he had no interest, he being only a trustee, and having at present no relief but by a suit in equity—a means of obtaining relief at common law; that the object of the Prohibition and Mandamus Bill was, to improve the proceedings of the Courts, by abolishing the form of filing a suggestion of record; that the object of the Arbitration Bill was, to extend the power of the Judges as to the cases which they might refer to arbitration; and that the object of the Witnesses Bill was, to enable the Courts of law to order the examination of witnesses upon interrogatories: such a power they already possessed by a particular law as to India, and this Bill was to give them a similar power in various other cases.—All the Bills were severally read a second time.

Back to