HL Deb 05 February 1852 vol 119 cc172-4
LORD LYNDHURST

said, he had a question to put to the noble and learned Lord on the woolsack, relative to the notice which had been given by the Government in the other House that a Bill for the reform of the Court of Chancery would be introduced into that House on Monday week. He wished to know if that Bill would be founded on the Report of the Commission, and, if so, whether it was intended that the Bill should carry into full and complete effect the recommendations of the Commissioners?

The LORD CHANCELLOR

said, that the notice in question, he apprehended, applied to a Bill which would be framed undoubtedly on the Report of the Commissioners to which his noble and learned Friend alluded. Until he had seen the Bill drawn out in full, he could not venture to say whether he should feel authorised to recommend its adoption in its entirety. Having considered the Report as far as a limited opportunity would allow (for the document had only been signed a few days ago, and its contents were very voluminous), he had no doubt that the Bill to be introduced into the other House would carry out in detail the whole or so much of the reforms as were recommended in the first Report. But the first Report did not extend to the whole matter; it embraced the proceedings of the Court of Chancery, but not the jurisdiction, the Commissioners having reserved to themselves to make a further report as to the jurisdiction. He had found the labours of the Commissioners so wide, that if he were to wait for their Report before any measure was prepared, he might cause some disappointment as to the period of the Session when it would be introduced; and therefore he had caused a Bill to be prepared which appeared to him of very great importance, and which he was quite sure would not interfere with anything which the Commissioners might recommend. His Bill would be brought in on Friday; and the Bill referred to in the noble and learned Lord's question would be introduced in the other House on Monday week, and he could state would be based on the Report of the Commission.

LORD BROUGHAM

rejoiced at the intended introduction of the two measures mentioned by the noble and learned Lord on the woolsack for carrying into effect a great portion of the recommendations of the Commissioners. Nothing more important could be laid before Parliament than a measure or measures of that kind; and in the recommendation of the Report he most entirely concurred, with one exception on a point on which it ought to have been more distinct. He could not see how the Bill supplied means of keeping down the arrears in the Court of Chancery. He certainly could have wished that the Report had gone somewhat further; but as to the direction in which it proceeded, and the particular recommendations as far as they went, they had his complete, unhesitating, and cordial concurrence.