§ The EARL of ELLENBOROUGHpresented a petition from the Incorporated Society of Attorneys, Solicitors, and others, not being Barristers, practising in the Courts of Law and Equity, praying that the Lord Chancellor might be empowered to appoint any Attorneys at Law to be Judges of the Courts to be established under that Bill.
The LORD CHANCELLOR, in moving the consideration of the Commons' Amendments to the Small Debts Bill, observed that several Amendments, not affecting the general principle of the Bill, had been introduced in the other House; but there was one clause which had been there introduced to which he wished to call their Lordships' attention. That clause was, he believe the 17th, and restricted the qualification for judges of the courts to be created under the Bill to barristers at law. This was, he considered, a most satisfactory Amendment. The jurisdiction of the Small Debts Courts was extended by this Bill, and though the sums involved in the cases brought under their jurisdiction might be comparatively small, the cases might involve legal questions of great difficulty. Now, though he (the Lord Chancellor) was perfectly ready to admit the qualifications, and learning, and ability, of many attorneys, yet undoubtedly the general course of education of that class of the legal profession did not render them equally well qualified with gentlemen who had been regularly educated for the law as barristers, to act as judges in matters involving doctrines of law. The noble and learned Lord then proposed an Amendment to enable several judges of existing courts for the recovery of small debts, who had practised as conveyancers, to continue their chamber practice (but not to practise in the courts), in the event of their being appointed judges of the new courts.
§ Commons' Amendments considered and agreed to, with the Amendment.