HL Deb 07 July 1857 vol 146 cc1030-1

LORD BROUGHAM rose to call their Lordships' attention to the very important subject of the administration of justice in the County Courts. It was highly satisfactory to find that the favour with which the public regarded these courts, instead of decreasing or even standing still, had very much increased. The number of plaints brought in had very greatly increased from 1852 to 1855. There were many defects, however, connected with these courts—for instance, the mode of paying the Judges was intolerable;—one Judge received a salary of one amount, and another of another; yet, notwithstanding the increased labours of the learned Judges in these courts, it was proposed in future to reduce all their salaries to the lower amount. It had been alleged by the noble and learned Lord on the woolsack, as a reason for this step, there were always far more applicants than were required to fill up a vacancy; but that was a very bad test; it was one that might be made applicable to the most important offices, even to the very highest in this country, and ought not to be urged in any case whatever as a reason for giving small remuneration. He must inform their Lordships that there was one point with regard to which he had received many representations even from those most friendly to these County Courts, and that was the great diversity which prevailed among the Judges as to the employment of deputies. Some of the learned Judges, to their infinite credit, performed the whole business themselves; others generally speaking performed the duties, but occasionally employed deputies; and there were others who employed them still more. Now, the return which he wished to move for was a return for the last twelve months of all the sittings of the courts, the number of days which each Judge sat, the number of days they sat by deputy, with the name and description of each deputy so employed. He must say he regretted that, while we were extending the duties and jurisdiction of these Judges, and while from a variety of causes the business they had to discharge was constantly on the increase, such a time should be taken not to extend, but to lessen the amount of their remuneration. The noble and learned Lord concluded by moving— That an humble Address be presented to Her Majesty for, Return of the Number of Days that each Judge in every County Court in England and Wales, established under the 9th & 10th Vict. Cap. 95, has sat in Person, and the Number of Days he has acted by Deputy, with the Names and Description of the Deputy, for the Year 1855; distinguishing the Circuits and the Places in each Circuit in which the Courts were holden, and setting forth any other public Duty in consequence of which Leave of acting by Deputy was given.

THE LORD CHANCELLOR

said, he saw no objection to the production of the returns asked for by his noble and learned Friend. As to the appointment of deputies, the existing regulation by statute was that each County Court Judge should be entitled, with the sanction of the Lord, Chancellor, to two months' holidays in the year; and the deputy whom he appointed to act in his absence must be a barrister of a certain prescribed standing, whose nomination was also approved by the Lord Chancellor. The two months' leave was not necessarily two consecutive months, that limitation being merely intended to define the whole time to be allowed a Judge within the year. County Court Judges, like all other official persons, required periodical relaxation from their duties, and he must say that they had evinced no disposition to shirk the heavy amount of work which had been cast upon them. The returns for which his noble and learned Friend moved would no doubt show how far illness, unavoidable accident, and other causes accounted for the absence of the Judges from their respective courts. He begged to add his testimony to that of his noble and learned Friend to the indefatigable manner in which these learned gentlemen applied themselves to their arduous labours. We had now had ten years' experience of the working of the county court system, and it was incumbent on the Government to take an early opportunity of revising the arrangements originally made for carrying out that system, with a view, if possible, to distribute the duties of these Judges more equally.

Motion agreed to.

House adjourned at Seven o'clock, to Thursday next, half-past Ten o'clock.