The Lord Chancellorbegged to submit a Bill to their Lordships, for the purpose of reversing a decree of their Lordships with reference to an appeal case from the Courts below in Scotland, as the said decree was utterly and completely inconsistent and at variance with the Scottish law on the subject. The case to which he was alluding had been decided by some of their Lordship who were unacquainted with the law of Scotland, and the consequence was, that the decision was quite contrary to that law and completely contrary to Scotch practice, and that no man that knew any thing of Scotch law would have ever pronounced such a decision. The thing had happened in the press of business, and arose from that inopia consilii with regard to Scotch law which they had often to lament. The decision, however, being utterly at variance with the Scotch law, it was necessary to rescind it, and for that purpose, on the suggestion of the Judges of the Courts below in Scotland, with whom he had had a correspondence on the subject, and with the consent of the parties on both sides, he now brought in a Bill, with a view to reverse that decision, and to place the case in the same circumstances that it was in previous to that decision being pronounced. His noble and learned friend who preceded him in the situation which he (the Lord Chancellor) filled, quite concurred with him as to the necessity of such a measure. He felt it due to himself to state, that the decision in question was pronounced some months before he (the Lord Chancellor) had the honour of a seat in that House, for it was pronounced 378 in the Spring of 1830. As the case was pressing, and as there might be but very short time for passing this Bill, he begged to move that it be read a first time now; and he gave notice that to-morrow he would move the suspension of the Standing Orders, in order that the Bill might be passed through all its stages as a matter of course.
§ Lord Lyndhurstquite concurred with his noble and learned friend as to the necessity of passing such a Bill. He felt bound to state, that the judgment in question was pronounced during his (Lord Lyndhurst's) absence from the House, by a noble and learned Lord near him (Lord Wynford).
§ Lord Wynfordsaid, that the noble and learned Lord on the Woolsack had given him no intimation of such an attack as this upon a judgment pronounced by him.
The Lord Chancellorwas greatly astonished to hear such a statement made by the noble and learned Lord. The noble and learned Lord's memory quite deceived him. The noble and learned Lord had only to look amongst his papers, and he was sure he would find a draught of this very Bill, which he (the Lord Chancellor) gave to him some months ago. He also mentioned to the noble and learned Lord the correspondence which he had with the Judges of the Courts below in Scotland on the subject, and the absolute necessity there was for such a measure as this. The fact was, that in consequence of his having given the draft of the Bill to the noble and learned Lord, he was obliged to send, a few days ago, when he wanted a draft of it, to the professional gentlemen engaged in the case. He brought in the Bill thus suddenly, as it was most desirable that in the present state of the Session no time should be lost in passing it through the House.
§ Lord Wynfordsaid, that if the noble and learned Lord had sent him a draft of this Bill, he could assure him that this was the first time that he had ever heard of this Bill. He had heard something before of a draft of a bill, but he had not heard of what description it was.
The Lord Chancellorsaid, that the noble and learned Lord certainly laboured under a mistake on this point. He (the Lord Chancellor) distinctly remembered having mentioned the subject to him at the Table. He remembered having told the noble Lord on that occasion, that he 379 was informed by the Judges in Scotland, that the judgment of the House in the case of M'Gabbin and Stewart could not be executed, as there was no such thing known under the Scotch law as a Special Jury of merchants, to which the case was ordered to be referred. He remembered his conversation with the noble and learned Lord as if it were but of yesterday; he could attest it upon oath before any Jury, and he was as certain of that fact as he was that the noble and learned Lord had the draft of the Bill which he (the Lord Chancellor) sent to him, and would find it in his private depositary if he looked for it.
§ Bill read a first time.