Lords Sitting of 18 February 1853

MINUTES.
Took the Oaths.—The Lord Gardner. PUBLIC BILLS.—2a Transfer of Aids; Valuation Act Amendment (Ireland).

LAW REFORM.
LORD BROUGHAM presented a petition from the Provost, Magistrates, and Town Council of Dunfermline and of Hamilton, for extending the jurisdiction of the Sheriffs Court (Scotland) to sums of 50 l.; and from the Provost, Magistrates, and Town Council of Dunfermline, and from the Chairman, Vice-Chairman and Directors of the Dundee Chamber of Commerce, for inquiring into the Mercantile Laws of England and Scotland, with a view to their assimilation and amendment. The noble Lord said, that with respect to the latter, it was undoubtedly one of the most important subjects which could engage the attention of the Legislature. He wished to take this opportunity of correcting an error which, he had no doubt, had its origin in the difficulty of hearing occasionally in that House, and for which, certainly, he blamed no one, with respect to the Bill which he had introduced last night, and to which he was so fortunate as to obtain the sanction of their Lordships. (The Law of Evidence, Scotland, Bill.) It had gone forth that the Bill was to extend to Scotland Lord Denman's Act relating to the law of evidence; but that Act had, in truth, been extended to Scotland last Session. The object of the Bill in question was to extend his own Act of 1851 to Scotland; and the effect would be to assimilate the law of evidence in the two countries, and to enable the parties to a suit to be examined in their own cause. He believed his noble and learned Friend opposite, the Chief Justice, would bear him out, that that measure had been found to work satisfactorily in this country.
LORD CAMPBELLsaid, he had no difficulty in expressing his testimony to the great benefit which would arise from the extension of the Act mentioned by the noble and learned Lord to Scotland. His noble and learned Friend's Bill of 1851 had worked most admirably, and the best evidence of that was the concurrent testimony of the whole of the Fifteen Judges in its favour. At first it had not been so favoured, not from any unwillingness on the part of the Bench that our law should be improved, but because the Judges feared that great evil might arise from it. Now, however, having had actual experience of its working, they had seen reason to change their opinions. He might name especially Mr. Baron Parke, one of the most able jurists in this country, whose opinion at first was decidedly hostile to the change in the law, but who now was most earnest in its praise. He believed that the measure proposed by his noble and learned Friend would meet with the unanimous approbation of the Scotch people.
LORD BROUGHAMsaid, that with respect to the petition he had presented in reference to the Sheriffs Courts, the petitioners objected, that under the present system pursued in that country there were two judges to do that for which one only was required. Under this plan there were expenses incurred for large staffs of officers who were, in truth, not necessary. Thus, there were 30 non-resident officers, each having a salary of, at the average, 400 l. a year, and 52 resident officers receiving, upon an average, the alike amount. What he (Lord Brougham) hoped to see was, the abolition of the non-resident class entirely, and, in the place of the present resident officials, others more equal to discharge those duties which an extension of their jurisdiction, which he trusted also to see, would cast upon them.
Petitions read, and ordered to lie on the table.
House adjourned to Monday next.