§ EARL FORTESCUEsaid, he rose to move an humble Address to Her Majesty, praying that Her Majesty would be graciously pleased to order to be laid before the House a copy of the patent of Charles II., establishing the Palace Court. It would be in their Lordships' recollection, that, near the close of last Session, he moved for certain returns connected with that court. Those returns were now on the table, but he regretted to find that they were not so satisfactory as they ought to be. He had moved for a return showing the amount of costs in each case; but the returns furnished by the officer of the court only stated that the amount of costs averaged from 4l. 15s. to 6l. Now, although this might be a fair average of the general amount, he believed that it by no means fully represented the maximum of costs paid by suitors in the Palace Court. The subject was a very important one, when it was considered that since the passing of the Small Debts Act, the number of cases in this court had increased from about 450 a year, to 1,149. There were four counsel and six attorneys who practised in this court, and who paid a considerable sum for the exclusive privilege. He thought the system of selling the right of practice to counsel and solicitors 383 was highly objectionable, and that a court of such a nature was a grievance and source of extortion which ought to be abolished; but where vested interests had to be dealt with, the Legislature must not wholly put out of view the question of compensation. As he was anxious that the House should possess the fullest information on this subject, he now moved for a copy of the patent establishing the court.
LORD BROUGHAMsaid, that the subject was a very important one, and he was glad that it had attracted the attention of his noble Friend. He, however, thought it would be better to amend the constitution, without altogether destroying this ancient court.
§ Motion agreed to.