LORD CAMPBELLsaid, he wished to direct the attention of the Government, and more especially that of his noble and learned Friend on the Woolsack, to certain points connected with the working of the new Divorce Court. Great inconvenience had been caused by the overcrowded state of this tribunal, and by the inadequate judicial strength now provided for the despatch of its business. The judicial power of that Court ought, he thought, to be considerably increased. Certain provisions in the Act under which that Court was constituted were, moreover, likely to operate very prejudicially to the country, and to give rise to serious abuses. It was enacted by that measure that a woman might sue for divorce on the ground of the adultery of her husband conjoined with cruelty. He opposed that provision at the time, because he believed it would be attended with great social danger; he now found that it was the practice in every case where a woman 1381 sued for a separation on the ground of adultery that she invariably added cruelty, and sought for the dissolution of the marriage. That, he thought, was a most disastrous consequence, and called for the earnest consideration of their Lordships. Another point requiring careful attention was whether the Court should not have power to sitforibus clausis, so that the details of cases of a certain character should not be made public. Any legislation which might take place on this important subject ought to originate with the Government, and he therefore hoped that Her Majesty's Government would take into their consideration the expediency of introducing a measure for the amendment of the existing law.
§ THE LORD CHANCELLORsaid, he quite agreed with everything that had fallen from his noble and learned Friend. With regard to the judicial strength of the Court, he thought it was an unfortunate circumstance that when the arrangement was made for the establishment of the full Court, so limited a choice of Judges should have been given. The only Judges who could form a full Court with the Judge Ordinary were the three chiefs and the three senior puisne Judges of the Superior Courts. The learned Judge Ordinary stated that it was impossible for him to get through the business which was brought before him unless he has a full Court four times a year; and the Judges named in the Act could not possibly, with a due regard to the discharge of their own special functions, give him that amount of assistance. There should, therefore, be an extension, so to speak, of the area from which a selection of assistant Judges could be made, or else new Judges should be created for that Court. He was perfectly ready to admit that the question of the judicial strength of the Court, as well as certain details of the Act—such as that which enabled a wife to obtain a separation not only for cruelty but for desertion—required serious consideration; and he hoped he should, on a future occasion, be able to bring forward a measure which would effect in the existing system certain improvements that would enable it to work efficiently and satisfactorily.
§ LORD CRANWORTHsaid, he believed that the suggestions of his noble and learned Friend near him (Lord Campbell) 1382 were well deserving of attention, and he was glad to find that the subject was to be taken up by his noble and learned Friend on the Woolsack.