§ LORD LYNDHURSTsaid, he should be glad to give the Motion his best support, although he could have wished that the Bill had gone further in the attainment of 355 its object. The principle of allowing parties to the suit, and witnesses having an interest in the issue, to be examined, as far as it had been hitherto adopted in England, had worked exceedingly well in practice; and he could not see why that which answered so well in the courts of law in England, should not answer equally well in the courts of law in Scotland. The framers of the measure had been influenced by an excessive caution and timidity, where he thought they might have safely taken a bolder and firmer step in what he believed to be the right direction; but when the Bill got into Committee he hoped to be able to improve it considerably by the Amendment of which he had given notice for the purpose of extending its operation.
LORD CAMPBELLhad also great pleasure in supporting the Bill, which was certainly a great improvement in the law of Evidence in Scotland. It was surprising to him how that enlightened country should have continued till the present day the practice and procedure of barbarous times, so calculated as they were to impede and frustrate the course of justice. The remedy which this measure intended to introduce into Scotland, had been already tried, and with the most successful results, in England, which he was sure the people of Scotland could not regard as an experiment in corpore vili. He sincerely hoped that this improvement in the law of Scotland would be no longer delayed. He concurred with the noble and learned Lord (Lord Lyndhurst) in regretting that this Bill did not go far enough, and he hoped that noble and learned Lord would persevere with his Amendment to extend its operations.
The EARL of MINTOwas understood to say that he would offer no objection to the noble and learned Lord's Amendment.
§ On Question, Resolved in the Affirmative; Bill read 2ª.
§ House adjourned to Monday next.