SECOND READING. (Hansard, 10 June 1859)

§ LORD WENSLEYDALE
said, he still entertained the same objection to the Bill which he expressed last Session—namely, that it would interfere with the privilege which every subject of the realm possessed to put the criminal law in motion.

§ LORD LYNDHURST
said, that he was very much inclined to take the same view of the measure as his noble and learned Friend (Lord Wensleydale), but as it had in the last Session passed through all its stages without a division he thought they ought not now to oppose the second reading. As, however, the Bill had been read a first time only on the previous evening, he thought he was moving the second reading at a very early period. He presumed that his noble and learned Friend was anxious to have all the credit which might attach to the author of a good Bill, and was therefore afraid lest anything might interfere to take this measure out of his hands. Perhaps, too, his noble and learned Friend was anticipating an elevation from his present to a still higher judicial position. Should his anticipations prove well-founded, he (Lord Lyndhurst) was sure that his noble and learned Friend would discharge the duties of his future position with as much ability as that which had characterized the performance of his previous judicial functions.

LORD CAMPBELL
said, he could assure his noble Friend opposite that it was his noble and learned Friend the Lord Chancellor, (and long might that noble and learned Lord be Lord Chancellor), who had suggested to him to move the second reading that evening.

§ THE LORD CHANCELLOR
said, he would, in the first place, thank his noble and learned Friend (Lord Campbell) for his kind wish, which he was sure was a sincere one. It was quite true, that when his noble and learned Friend had named a more distant period for the second reading, he (the Lord Chancellor) suggested 297 that as it was a measure which had been already discussed by their Lordships, there would probably be no objection to reading it; a second time that day in order that it might be passed through their Lordships' House as quickly as possible. As to the objections which had been urged to the Bill, he might state that its object was to prevent a person going before a grand jury and preferring an indictment against a party behind his back and without notice, and then procuring a warrant and getting him arrested with the view only perhaps of extorting money. The Bill, in order to meet this evil, provided that these charges should in the first instance be publicly investigated before a magistrate, and he confessed he could not see in such a provision any interference with the rights and privileges of the subject. He therefore did not apprehend that their Lordships would have any difficulty in giving their assent to the second reading.