HL Deb 21 February 1871 vol 204 cc561-2

Order of the Day for the Second Reading, read.

THE LORD CHANCELLOR

, in moving the second reading of this Bill, explained that its object was to repeal the 22nd section of an Act of last Session, which directed that special jurors should be allowed 21s. and common jurors 10s. a day for their attendance, to be paid by the parties, and a deposit to be made by them, as mght be determined by the rules of Court. This had proved a serious burden to the suitor, rendering it difficult for persons in humble circumstances to obtain justice without first of all paying a heavy fine; for the Judges had found it necessary to require 12 guineas to be deposited on notice of trial being given, and in some cases as much as £25. The deposit in common jury cases, though smaller, was a serious burden. Nor was this the worst of the matter; for this sum had to be deposited whether the case came on for trial or not; and if the cause was not tried, it was found there were no means of refunding the money, so that a fine had been paid from which the parties had derived no advantage. It was therefore thought desirable to repeal the section, and to avoid any ambiguity he should propose in Committee a proviso that payments made anterior to the passing of the Act should not be interfered with.

EARL GREY

said, that this was an illustration of that imperfect system of legislation to which he had more than once called attention, and which was daily becoming a more crying evil. That Bills which had passed both Houses should require amendment as soon as Parliament re-assembled was not creditable to either House, and proved the necessity of subjecting measures before they became law to some closer scrutiny than at present. Some machinery ought to be devised by which the practical working of legislation might be more satisfactorily secured.

Motion agreed to; Bill read 2a accordingly, and committed to a Committee of the Whole House on Thursday next.