HL Deb 03 June 1856 vol 142 c921

On Clause 1,


objected to the Judges of the Admiralty and the Prerogative Courts being eligible for the office of Deputy-Speaker. He did not think the range of their duties was such as to fit them for the discharge of the functions of a Judge of Appeals in their Lordships' House. The Deputy-Speakers ought to be men whose previous functions had given them an acquaintance with law generally, and not merely with one narrow branch of it.


thought the object ought to be to get for this important post the best men, wherever they could be found. The Judges selected must have had five years' experience on the bench, and surely no one would affirm that such a man as Lord Stowell, after five years' experience as Judge of the Admiralty Court, would have been unfit for the situation now proposed to be created. The clause was merely enabling, and it would be shortsighted policy to cripple the Government in the selection of the fittest persons.


entirely agreed in the observations of the noble Earl. It might be that in some instances the Judges of the courts referred to would be, after five years' experience, the fittest men to select to assist in the appellate jurisdiction. As Lord Stowell had been referred to, he would also mention the name of Dr. Lushington, who was profoundly learned in the Scotch law, having been for many years engaged in every Scotch appeal, was bred to practise in the common law courts, and was, in fact, an universal jurist. He, therefore, thought it would be exceedingly improper to restrict the power of selection on the part of the Crown as proposed.


said, he would not persist in his suggestion, but remarked that unless very great care was exercised in the appointments the appellate jurisdiction of the House would be destroyed.


suggested the insertion of the Judge of the Prerogative Court in Ireland; which was agreed to.

Clause agreed to.

The other Clauses agreed to.

Amendments made; the Report thereof to be received on Thursday next.

House adjourned to Thursday next.