HL Deb 10 February 1853 vol 124 cc1-3
LORD CAMPBELL

had the honour to lay on the table a document of considerable importance, to which he wished to solicit their Lordships' attention. Parliament had been pleased to depute a legislative power, with certain restrictions, to the Judges with reference to the regulation of proceedings in their respective Courts, by the Act passed last Session of Parliament respecting Common Law Procedure. By that Act a power was given to the Judges to make rules and regulations to carry into full effect the intentions of the Legislature; but under the restriction that these rules and regulations should be laid before both Houses of Parliament, and it was not until the expiration of three months that they would become law, so that both Houses might have ample opportunity of forming an opinion respecting them. In the exercise of the power thus given to them, the Judges had most anxiously framed a set of rules and regulations to govern the proceedings in the superior courts at Westminster, and for the carrying into effect the intentions of the Common Law Procedure Act. He could venture to say, that; there were no men in the country more anxious than the Judges that the law should be administered with all possible simplicity, expedition, and economy; and it was upon that principle that the regulations had been framed. He had the satisfaction of stating that the Procedure Bill of last Session had worked admirably—it had greatly improved the practice of the superior courts, and rendered their proceedings more expeditious, more simple, and more economical. It was with the view of carrying these improvements still further, that the document he now moved should be printed, had been drawn up. The Judges would of course feel bound by the decision of Parliament on this subject, and if Parliament should disapprove of any of the rules which the Judges had framed, there would be ample time to bring in a Bill to alter them; but unless Parliament interposed, on the first day of Trinity Term these Rules and Regulations would become the law of the land.

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