House of Commons
Thursday, July 22, 1830
Minutes
Lord F. L. GOWER laid on the Table his Majesty's Answer to the Address of the two Houses of Parliament, relative to the Removal of Sir Jonah Barrington from the situation of Judge of the High Court of Admiralty in Ireland. [For this document see the Lords Minutes of this Day.] His Majesty's Answer was ordered to be entered on the Journals.
Returns ordered. On the Motion of Mr. WARD, the quantity of Cotton imported from America, from January 1, 1829 to January 1, 1830; the quantity of Deals imported from Norway in the same period; the number of Ships belonging to the Port of London, which have been mortgaged since 1826:—On the Motion of Lord J. RUSSELL, the whole Amount of the Expense incurred by the proceedings on the East Retford Bill, during the present Session.
Fees on Private Bills
said, that the House would perhaps permit him on this occasion, as he did not know whether any other would occur previously to the next Session of Parliament, to remind it of certain Papers which had been laid on the Table on the 8th of last March, for the purpose of regulating the Fees taken by the Clerks of the House in the Private Bill-office. He had looked through those fees, item by item, with great attention, and after he had considered what was due, not only to the interests of individuals presenting petitions for private bills, but also to the interests of the Officers of the House, he had drawn up a schedule of fees, which, on his proposal, had been printed and laid upon the Table. It was to have been taken into consideration a few days ago; but the consideration of it had been postponed in consequence of the hon. member for Aberdeen having stated, that he had a petition to present, complaining of the manner of conducting private business in that House. That petition had been now presented. It stood quite clear of the subject of these fees, as it merely called upon the House to make a change in the constitution of its committees. It was quite clear that any proposal for making such a change must stand over to another Session; and it was equally clear that it could not be agreed to without considerable discussion and deliberation. The papers which he had laid upon the Table were intended to ascertain the amount of fees to be paid on every private bill, and to ensure regularity in the progress of private business, and in the demands of those Officers of the House who had any connexion with it. Upon the aggregate, the fees would not be greater than those taken at present. As the papers had been so long upon the Table without any hon. Member having made any objection to them, he trusted that some hon. Member would move, that the House do now agree to them, in order that the House and all parties interested might know the amount of fees which would be enacted next Session.
The Chancellor of the Exchequer moved, that these papers be now taken into consideration.
said, that he was anxious that the House should bear in mind, that this schedule would not increase the expense of carrying a private bill through Parliament; on the contrary, it would be found that in general it diminished the fees now levied. At any rate, it would enable parties, previous to their application to Parliament, to know the full amount of the fees which they would have to pay in carrying a bill through that House.
The papers were taken into consideration. Resolutions, declaring the fees contained in them, to be the regular fees of the House, were agreed to, and ordered to be enrolled among the Standing Orders.
said, that the next point to which he wished to call the attention of the House, was the difference which existed in the time allowed to intervene between the first and second readings of bills according as they came from England and Scotland, or from Ireland. In the case of English and Scotch bills, the interval was three, and in the case of bills affecting docks, seven days; in the case of Irish bills the interval was always twenty-one days. Owing to the rapidity with which communication now took place between England and Ireland, there was no reason why this interval should be so long. He should therefore propose to discharge the Standing Order which gave this greater interval to Ireland.
Standing Order discharged accordingly.
said, that the next alteration which he had to propose, related to Turnpike-bills. By the Standing Order it was provided, that in all cases where application was made to Parliament for a Turnpike-bill, there should be previously deposited in the Office of the Clerk of the Peace a map of the district, which the intended line of road was to traverse, "on the scale of not more than five inches, and not less than three inches to a mile." In consequence of this regulation, some Clerks of the Peace had doubted whether they could receive maps which were on the scale of six or six-and-a-half inches to the mile. Now, though it might be desirable to fix a minimum in such cases, it was quite unnecessary to fix a maximum, especially as the increased size of the map was calculated to render the matter in dispute more clear and intelligible. Besides, the map must be drawn up at the expense of the parties interested; and it was clearly their interest to incur as little expense as the law would allow them in drawing it up. He proposed to strike out of the Order the words "not more than five inches, and"—thus leaving the minimum at three inches to a mile.
A proposition to that effect was carried unanimously.
said, that the last proposition which he had to make to the House related to the Standing Order-book, which was then in the hands of the clerk. He proposed to have the Standing Orders properly arranged and reprinted; and he thought, that if the House would allow it, he could promise that it should be ready for hon. Members at the commencement of the next Session of Parliament.
Proposition also acceded to.
Administration of Justice Bill
, in moving that the Amendments made by the Lords to this Bill should be taken into consideration, said, that he would take that opportunity of setting aside a misapprehension, which had been very extensively circulated, that the Amendments of their Lordships had very materially modified and altered the Bill. He then proceeded to shew, that the great principles of the Bill had not been at all touched, altered, or modified by their Lordships. He shortly explained the first Amendment which their Lordships had tacked to the Bill. He had provided that any three of the Puisne Judges might sit along with the Chief Justice, and constitute a full Court. The Amendment provided that the four Puisne Judges might constitute the Court without the Chief Justice, thus providing for the absence of the Chief Justice on account of indisposition or any other temporary reason. For his own part, he would candidly confess that he did not concur in the propriety of this Amendment: but though he did not approve of it, he did not on that account think it right to object to the Bill altogether. Another Amendment was, to give the Puisne Judge sitting in the Bail Court, or in chambers, all the authority of the Court to make orders, &c. for the regulation of the business which might come before him. To this Amendment he also saw some objections, but not of such a nature as to endanger the success of the Bill on their account. The other Amendments were more of a verbal nature. He had introduced into his Bill a clause, giving the Judges the power of fixing the return days at their discretion after the Bill was passed. The Judges had fixed them already, and they had, in consequence, been inserted in the Bill—an insertion which made several other verbal alterations necessary. Lord Tenterden had been of opinion that the Bill should not come into operation in the Court of King's Bench till next Michaelmas Term; for his Lordship had got his Majesty's warrant, giving the Judges authority to sit in banco up to the commencement of that Term, by virtue of an Act of Parliament which this Bill repealed. Though he did not think that the practice of sitting in banco in the vacation was a practice which deserved countenance, either from that House or from the country at large, yet, in deference to Lord Tenterden, he did not intend to make any objection to the Amendment which his Lordship had carried in the other House upon this part of the Bill. That Amendment made it necessary, however, to make some verbal alterations in other clauses. Their Lordships had, however, made one omission in the Bill, which he looked upon as a great deterioration of it. There was a great facility in the county palatine of Chester, and also in Wales, of getting judgment entered after verdict. Owing to the special jurisdiction which prevailed in those parts, judgment could be entered up within a few days after the termination of the assizes. He had proposed to continue to the County Palatine and to the people of Wales this privilege: but he understood that this privilege had been taken from them, in consequence of a representation that had been made by the Master of the King's Bench, that it would occasion himself and his clerk a week or a fortnight's additional labour each year. That did not appear to him a reason at all satisfactory, and he therefore gave a pledge to the gentlemen of Wales, and of the County Palatine, that in the very first Bill which he should introduce for the further improvement of the administration of justice he would introduce a clause restoring to them that privilege. He then proceeded to explain the alterations which had been made respecting the mode of levying fines and recoveries in Wales, and having concluded his explanation, repeated, that none of the Amendments which he had just recited touched, altered, or modified, the principle of the Bill, but were all intended to promote the great object which it had in view—facilitating the progress of suits, and the improvement of the administration of justice. In conclusion, he stated it to be his firm conviction, that this Bill was the most important measure which had been submitted to Parliament for many years, whether it were considered in reference to its general utility, or in reference to the great improvements which it would effect in the administration of justice. He assured the House, that in carrying it into effect Government had made a great sacrifice of its patronage. All the offices which were connected with the Courts in Wales, and which were far more numerous than he had supposed, would cease to exist from the day on which this Bill should become law. He thought it necessary to make that statement, in order that the public might be aware that Government had no other object in passing this Bill than the promotion of the public interest and the improvement of the administration of justice. He then moved, that the House do now take the Lords' Amendments into its consideration.
concurrred with his hon. and learned friend in thinking that by agreeing to this Bill, Government had not only made a considerable sacrifice of its patronage, but had also conferred considerable advantages upon the inhabitants of England and Wales. He thought, however, that the House ought not to accede, without previous notice, to Amendments so numerous and so complex as those which his hon. and learned friend had explained. He objected, on the part of the Commons of England, to having it supposed that they would, as a matter of course, enter immediately upon the consideration of Amendments sent down to them from the Lords. He thought that it would be advantageous for the House to make a regulation that it would not agree to any Amendments of the Lords without having one day at least to consider of them. He therefore thought it objectionable that the House should at once accede to these Amendments. He considered the omission of the clause, continuing to the County Palatine of Chester its former privilege of proceeding with rapidity to judgment, a material deterioration of the Bill. He thought that if the House were to inform their Lordships that they agreed to all the Amendments but that which omitted the clause, and requested a conference, their Lordships would consent to its re-introduction.
concurred in the opinions expressed by the last speaker, and thought that the House should attempt to procure the insertion of the clause. Several Members had left town in the full persuasion that the clause would not be expunged, or, if rejected by the Lords, that the Bill would not be passed without it.
said, that the clause had been rejected in the House of Lords, not for the reason stated by his learned friend, but because its object being one of the points recommended by the Law Commissioners, their Lordships thought that it could be more properly carried into effect next year by a separate bill.
expressed his surprise that the law-officers of the Crown, in the two Houses of Parliament, should be at issue with respect to any part of a measure introduced.
regretted that the clause had been expunged, particularly as the inhabitants of Wales appeared to set great value upon its enactment. He, however, would acquiesce in the amendments, on account of the pledge given by the Attorney General to introduce the clause next year.
On the question that the House do agree with the Lords' Amendments,
suggested, that the Lords should be requested to assign a reason for the omission of the clause.
thought that the course recommended by the right hon. Gentleman would not relieve the House from its difficulty. The Lords, when called upon for a reason, might give a very bad one, and, as far as he knew, so he believed they would. As a general rule, he thought it would be advantageous to have all Amendments of the other House printed, but the inconvenience which might arise from delaying the Prorogation, which would be the consequence of a conference, was a matter more to be avoided than merely permitting the law to stand as this Bill would leave it, with the understanding that his hon. and learned friend, the Attorney General, being a Member of that House, stood pledged to the introduction of a bill which should meet the wishes of hon. Members opposite.
wished a conference to take place immediately.
The Lords' Amendments were agreed to, and the Bill ordered to be carried back to the Lords.