§ LORD WESTBURYasked the noble and learned Lord on the Woolsack, Whether he would have any objection to lay on the Table of the House the Correspondence between the noble and learned Lord and the Judges with reference to the Judicature Commission; and also, whether he was prepared to state that evening the course he intended to take with regard to his Bill for establishing a new Court of Appellate Jurisdiction?
THE LORD CHANCELLORsaid, that the correspondence to which his noble and learned Friend alluded had been placed before the Committees of the Judicature Commission, and had been made considerable use of by them. He had obtained, as returned by the Commission, four sets of remarks drawn up by learned Judges. The others he had not as yet received. The communication of the Lord Chief Justice was a full and copious one; and there were communications of some length from Judges of Courts of Equity as well as from Judges of Courts of Common Law. He had applied to one of those learned Judges to know whether he had any objection to the production of his remarks. The reply was, that on principle he did not wish them produced, on the ground that the freedom which should and which otherwise would exist in such matters would be interfered with if such communications should afterwards be produced and laid upon the Table of either House, He must say that to 105 some extent he shared the objection of the learned Judge. He understood from his noble and learned Friend that the Lord Chief Justice had no objection to the production of his opinions, and if that were so, there would be no difficulty in laying them on the Table. If his noble and learned Friend desired it, he would apply to the other Judges to know whether they had any objection to a similar course being adopted in the case of their opinions. On Thursday next he would make a statement on the subject of the Bill for the establishment of a new Court of Appellate Jurisdiction.
And afterwards Copy of Observations of the Lord Chief Justice of England, the Master of the Rolls, and Mr. Justice Lush, on these Bills ordered to be laid before the House. (No. 57.)