LORD BROUGHAMbegged to call the attention of their Lordships to the Bill he had recently introduced, and which had passed the second reading before the recess, for the Amendment of the law of Evidence and Procedure. He was then inclined to the opinion that it would be expedient in Committee to divide the Bill into two; and that those clauses upon which there was no material difference of opinion should be passed, whilst those upon which there was not so much agreement should be reserved for a separate Bill. This intention and opinion, then half formed, had been mainly confirmed by a most important document laid upon the table of the House a few days ago, namely, the second Report of the Commissioners for inquiring into the Process, Practice, and System of Pleading in the Superior Courts of Common Law. The Commissioners had, without any communication with him, and without any reference to the proceedings before their Lordships, arrived at an opinion, after great and most patient inquiry, in favour of the most material parts of the Bill now on their Lordships' table. But upon one of the subjects to which the Bill related—and in his apprehension the most important of the whole—he lamented to say they had not come to the same opinion—he hoped and trusted only because they had not examined the question, and had not reported upon it. He alluded to the great subject of the protection of witnesses against answering questions tending to criminate themselves. However, with regard to other most important matters respecting trial by jury, and all the great provisions of the Bill, whether as to Procedure or as to the law of Evidence, the Commissioners had well considered the matter, and had come to a conclusion in favour of his proposed enactments. He deeply lamented on this occasion the continued absence, from bad health, of his noble and learned Friend the late Lord Chief Justice (Lord Denman), because he knew the infinite gratification that noble and learned Lord would receive from a perusal of the report; it did ample justice to that great Judge and lawgiver, as to the value of the measures which he had introduced; and he (Lord Brougham) believed that his noble Friend would hardly 1223 feel less satisfaction than himself with regard to the alterations proposed in the report upon the rules of evidence which had as yet escaped reform. He gave notice that on Monday next he should name an early day for going into Committee on the Bill to which he had referred, with the view of separating it into two parts.
LORD BROUGHAMthought it unnecessary to refer the Bill to a Select Committee, because he should propose to leave out of the Bill all the parts on which doubts had arisen.