HL Deb 19 February 1841 vol 56 cc736-8
Lord Brougham,

in moving that certain returns relative to the sittings of the Privy Council be printed, took that opportunity of observing, that great misconception prevailed as to the state of business in that very important court. These returns, for which he had moved some time since, and which had now been laid on the Table, would show the utter groundlessness of the statements which had been made on this subject. Instead of sitting for eighteen days only, as had been represented, the Judicial Committee of the Privy Council had sat thirty-six days in 1840; and, in other years, twenty-eight, thirty-four, forty three, and even forty-eight days, an amount of sittings amply sufficient to despatch all the business of the court. He remembered the time when they sat only nine, twelve, and thirteen days in the year. With respect to the state of the business, since the constitution of the Judicial Committee from 310 to 320 cases, all of great length and importance, had been disposed of, and the present arrear, if such it could be called, was smaller than perhaps any other court could boast. Exclusive of those from the native courts of India, there were only six appeals standing ready for hearing from all the colonies of the empire. Of appeals from the Indian courts there were only six, and of those from the Consistorial and Admiralty Courts a like number, making a total of but eighteen; and that these formed nothing like an arrear would be still further apparent when the dates were considered at which they were first ready for hearing. Before the month of November, there were only five cases, exclusive of Indian appeals, ready for hearing, every one of which had been got ready subsequent to last March. Of the appeals from the native Indian courts thee were forty years' arrears when the Judicial Committee commenced their labours, none of which could ever have come to a hearing, having been sent over by parties ignorant of the legal proceedings of this country, and without instructions to any one to prosecute them; but the committee having been authorized to hear and determine them, with the consent of the East-India Company, whose conduct had been most unexceptionable, most of those cases, chiefly at their expense, had been heard, so that comparatively but a small number remained; and, as he had stated, but six of them were now ready for a hearing. In justice to the court and to the learned judges who devoted so large a portion of their time to the public without the slightest remuneration, he thought it but fair that these details should be known.

Returns to be printed.