§ The Earl of Aberdeensaid, the noble and learned Lord on the Woolsack had more than once stated in that House, that it was the intention of his Majesty's Government to institute a Commission to inquire into the laws of Scotland, similar to that which had been appointed in this country. From the noble and learned Lord's speech, the other night, he was led to suppose that the constitution of the Sheriffs' Courts would form one object of the inquiry to be set on foot by that Commission. But perhaps the noble and learned Lord would have no objection to state generally to what objects that Commission was to direct its attention. He was not disposed to deny that such a Commission might be productive of very great advantage to that part of the country; but, of course, its efficacy would rest mainly on the manner in which it was formed and sent forward. It was a perfectly natural conclusion that, unless it possessed the confidence of the country and of the profession, its suggestions would be of little avail. It ought to be composed of men of learning and ability, not only capable of discharging their important duties satisfactorily, but well understanding the present slate of the profession in Scotland, which, he believed, was perfectly well known to the noble and learned Lord. Perhaps the noble and learned Lord would now state, generally, what the nature and the object of the Commission were.
The Lord Chancellorsaid, he had no objection to state, so far as his recollection served, the general nature of this Commission. The body of the Commission itself would, however, point out its nature and object very clearly. In the Commission the object was plainly defined, and that, he thought, would answer the purpose of the noble Earl more precisely than any statement made by him. But, in the mean time, he would state, for the satisfaction of the noble Earl, the principal objects to which the attention of the Commission was to be directed. In the first place, it was to inquire into the best and most judicious means for diminishing the expenses of law proceedings, especially with respect to fees of court. Next, it was to inquire into certain arrangements which had been made 1286 with respect to the subordinate officers of the superior Courts. Another object of the Commission—and it was a very important one, both to the noble Earl and to the landed interest generally—would be an inquiry into the best mode of simplifying the system, and diminishing the expense of conveyancing. Upon that subject great complaints had existed for a long time. Connected with this inquiry there was another object to which the noble Earl had alluded—that was, an inquiry into the jurisdiction and practice of the Sheriffs' Courts. That would be instituted with a view to ascertain whether an extension, or otherwise, should be recommended with reference to that jurisdiction. He thought that the result would not be the extending of that jurisdiction, and possibly it would be the very reverse. The experience he had had in those matters led him to think that, when cases of a certain kind were brought before these courts, they were afterwards, in many instances, carried before the Court of Session, and a very great expense was created. He was perfectly aware that in a proceeding of this description much depended on the persons appointed to act as Commissioners; and Government had adopted, as nearly as they could, the plan which had been laid down in the appointment of the English Commissioners. Men of great knowledge and of extensive practice—men who had spent their whole lives in the study of the law, and particularly in those branches of it which it was deemed particularly necessary to inquire into—would be selected. There was another branch of the profession—namely, conveyancers—individuals who had not been called to the Bar, but whose assistance would be most valuable, and from that class also selections would be made.