Lord Broughamsaid, he thought a misunderstanding had gone abroad respecting the course of proceedings in a very important judicature in this country—the Judicial Committee of the Privy Council. He thought it right, in consequence of something which passed in another place, that their Lordships should have an opportunity of seeing whether there had been any neglect of duty on the part of the said judges who constituted that court. It had been said, that they had not sufficiently complied with the Act of Parliament in holding the sittings which ought to be held in the exercise of their jurisdiction. No personal complaint whatever had been made against these judges. It was only said, that by the constitution of the court their meetings were accidental, that it depended upon the chance of the case whether meetings were held or not, and that parties were brought down again and again, and much 260 needless expense was incurred. One would naturally suppose, from such statements, that such delays happened very frequently. Upon inquiry he found, that there were only two, or at the utmost three, instances during the last three years. The proper way of ascertaining the truth was, to move for a return of the days of sitting. It had been said, that the court had only sat eighteen days during the year 1840. The fact was, that it had only sat eighteen days during that portion of the year 1840, which elapsed previous to the close of last Session, that is to say, the month of August. But there were five months of the year 1840, after that return was made, and when they came to look at the whole attendance, instead of eighteen it amounted to thirty days. The learned judges were called upon by the Act to make arrangements so as to enable the Judicial Committee of the Privy Council to sit as often as the state of business required. They should ascertain how often, in point of fact, the Judicial Privy Council had held its sittings. He would commence with the year 1834, and take every year down to 1840 inclusive. He would also take in the number of appeals which had been heard during that time, and the number which were now received to be heard. If these returns, when brought before their Lordships, should show, that there ought to have been a greater number of sittings in respect to the amount of business, and, that there had been a greater number of causes set down than ought, in the ordinary course of business, to have stood for hearing without being so despatched, no doubt it would then be the duty of the learned judges to attend more closely to the provisions of the Act than they had attended. If, on the other hand, it should appear, that they had sat, one year with another, as often as was required, and that there was no more arrear of business in that court than existed in any other court, much more if it should turn out, there was a less arrear, then he trusted the observation made would not be repeated. The noble Lord then moved for an account of the number of days that the Privy Council had sat during the seven years ending 1840, and of causes and appeals.
§ Returns ordered.
§ Adjourned.