Lords Sitting of 18 February 1876

MINUTES.
PUBLIC BILL—First Reading—Crossed Cheques (12).

PRIVATE BILLS.
Ordered, That this House will not receive any petition for a Private Bill after Friday the 17 th day of March next, unless such Private Bill shall have been approved by the Court of Chancery; nor any petition for a Private Bill approved by the Court of Chancery after Thursday the 4th day of May next:
That this House will not receive any report from the Judges upon petitions presented to this House for Private Bills after Thursday the 4th day of May next.

CROSSED CHEQUES BILL.

  BILL PRESENTED. FIRST READING.
  THE LORD CHANCELLOR,in presenting a Bill for amending the Law relating to Crossed Cheques, said, he thought he would best consult the convenience of their Lordships by reserving an explanation of the provisions of the Bill till it was in print. The subject

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  was a technical one, and therefore any remarks of his by way of explanation would come better on the second reading.
  Bill presented; read 1a to be printed. (No. 12.)

JUDICATURE ACT, 1873—ABOLITION OF THE HOME CIRCUIT.

  QUESTION. OBSERVATIONS.
  VISCOUNT MIDLETONrose to call attention to the contemplated abolition of the Home Circuit, and to ask, What were the intentions of the Government with respect to the Surrey Assizes? Under the Act of 1875, which empowered the Queen by an Order in Council to alter the arrangement of the Circuits, a rearrangement had taken place, the practical result of which was—Hertfordshire, Kent, and Sussex had been joined to the Norfolk Circuit, and the Home Circuit was no more. Having had the honour of being for some years a member of that Circuit, he could not but look with regret to the severance of old ties and old associations, which the separation must occasion—nor could he forget how many men of learning and intelligence that Circuit had contributed to the Bar and the Bench. He could see no grounds whatever for the abolition. Moreover, an apprehension had existed since the charge of Baron Bramwell at Guildford, that the Surrey Assizes were to be hereafter held at Newington—a change which could not but be attended with great inconvenience to the jurors. The feeling of the county, of the assize towns, and of the Bar, was adverse to the change. He begged to ask his noble and learned Friend on the Woolsack what were the intentions of the Government with respect to the Surrey Assizes?
  THE LORD CHANCELLORsaid, he could not help feeling very well satisfied that his noble Friend had introduced the subject to their Lordships' attention, because when a person so observant and usually so well informed as his noble Friend laboured under such misconceptions as to what was proposed, it was in the last degree likely that misconception of the same kind would be spreading unduly over the county of Surrey. As a well-remembered and respected member of the Home Circuit his noble Friend was entitled to speak of the rending of old
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  ties and old associations which would be caused by the new arrangements made with respect to that Circuit. Of course, a change as to a Circuit must prove inconvenient in some respects to members of that particular Circuit; but time and circumstances would demand that changes should be made in Circuits, as well as in most other things. In truth, the noble Lord himself was an example of what had been done in respect of the county of Surrey. His noble Friend was a Member of the Legislature last year, and, therefore, shared the responsibility for the Act passed last Session, in which it was provided that, by Order in Council, Her Majesty might provide for the formation, or alteration, or entire discontinuance of a Circuit. The Judicature Act had rendered a change in the Circuits absolutely necessary, with a view to overcome the pressure of business in particular places and to economize judicial time. Now, putting aside Surrey, the change in respect of the Home Circuit was only one in name. As Surrey was to be dealt separately with, manifestly the other counties which with it had composed the Home Circuit would not have been sufficient to constitute a Circuit. Accordingly it became necessary to join what remained of the Home Circuit to another Circuit, and the only Circuit to which it could be joined was the Norfolk Circuit; but in order that the newly-constituted Circuit should not be too large it, was necessary to take some counties from the Norfolk and add them on to the Midland Circuit. Then came the question, by what name the consolidated Circuit should be called. He had no prejudice in the matter. He was anxious to do what would be most agreeable to all parties concerned, and he put himself in communication with the Judges. There was no difference of opinion between those learned personages, and he heard no remonstrance from any one when it was proposed to change the name. Suppose the Circuit as now formed was called the Norfolk Circuit, there could be very little doubt that objection would be made by Kent and Sussex. On the other hand, what would the county of Norfolk say to having it called the Home Circuit? In the North, where a slice was taken off the Northern Circuit, a new name, "the North-Eastern," was given to the newly formed Circuit. A similar course was

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  adopted when the name "South-Eastern" was substituted for "the Home" and "the Norfolk." He should have been very glad if both could have been preserved, but it would have been impossible to preserve either without causing some dissatisfaction. As regarded the question of Surrey, that was one not of form, but of substance; but on the part of the Government there had been no intention to abolish the Assizes for that county. The Act of last year gave Her Majesty in Council the power to issue Commissions for the trial of criminals and civil business in places which did not form a portion of a Circuit. What had happened in the case of Surrey was this—The time for the Nisi Prius sittings in London and Middlesex was very limited as compared with the number of London and Middlesex cases to be tried. Suitors, rather than have them postponed for an indefinite time, took them to the county of Surrey. The consequence was that at the Surrey Assizes there always appeared to be a good crop of civil business—and so there was; but it was not Surrey business, but business properly belonging to London and Middlesex. While the Assizes in other counties lasted two or three days, those in Surrey lasted weeks, and London solicitors and London witnesses went down to Croydon, Guildford, or Kingston to attend the hearing of cases which ought never to have left the metropolis. The grievance of such a state of things had frequently been pointed out; and by the arrangements under the Judicature Act for continuance sittings of Nisi Prius Courts in London and Middlesex, its continuance was rendered unnecessary. All that remained to be done was to make provision for the discharge of the Surrey business proper. It was determined that a Commission should issue for that county, and that two of the Judges who had remained in London when the others went out on Circuit should go to Guildford or Croydon or Kingston and hold sittings of Oyer and Terminer and Nisi Prius. The Commission was already issued for the Spring Assizes, which would be held by the Lord Chief Justice of England and another learned Judge. His noble Friend (Viscount Midleton) had spoken of the feeling of the County of Surrey. He (the Lord Chancellor) would read an extract of a memorial addressed to the
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  Privy Council last year by the Mayor, Aldermen, and Burgesses of the borough of Guildford. It was in these terms—
  "Your memorialists believe that by a proper re-arrangement of the sittings in London and Middlesex and by confining the Assizes in Surrey to the trial of cases belonging properly to the county, any inconvenience at present sustained by the Bench, the Bar, or the public may he duly met, without the ancient rights and privileges enjoyed by the county of Surrey and borough of Guildford being taken away."
  What was there prayed for was just what had been done. As to the proposition to have the Assizes for Surrey held at Newington, no such proposition had been put forward by the Government, and the Commission for the Spring Assizes would go to one of the boroughs in which the Assizes were usually held. To show, however, that the county of Surrey was not quite unanimous on this point, he might mention that a representation in favour of holding the Assizes at Newington had been made. In that representation it was urged that the greater number of the prisoners to be tried at the Assizes were confined at Newington. That might be so; but as the Government had not proposed such a change he did not feel it necessary to follow his noble Friend into his arguments on that point. He trusted he had given a sufficient explanation of the measures which had been adopted with the sanction of Her Majesty's Government.
  VISCOUNT MIDLETONwas sure the statement of his noble and learned Friend would be very satisfactory to the county of Surrey.
  House adjourned at quarter before Six o'clock, till Monday next, Eleven o'clock.