was, in fact, altogether condemned by pub-included poor litigants, who got into court, lic opinion. As far as he himself was con- and had to pay largely in order to get out cerned, he should be reluctant to see trial again. He would recommend the learned by jury abolished; but the subject was one Lord not to be so solicitous about the opithat demanded the most serious inquiry. nion of the legal profession, who had opIt was certainly worth inquiring how a posed nearly all legal reforms in their system which had worked so well in Eng- Courts. He would rather appeal to the land had so signally failed in Scotland. general good feeling of the public, and the He doubted whether the best way to ascer- good sense of the Lord Advocate to frame tain the difficulties of the case, or to satisfy a good Bill. There was another matter the public mind, was to lay the provisions he begged leave to suggest. Reference of the Bill before the legal profession, and had been made to accounts. A great suggested that the subject should be re- grievance in Scotland was, that the Courts, ferred to a Commission or a Committee. in place of doing something themselves, or by their chief clerks, in reference to matters of account, as was the case in England, remitted the business to Professional Accountants, who had in many cases to decide, not only as to the form of the accounts, but of the principle of law upon which they should be founded-becoming in fact accountant and Judge in one. The effect of this frequently was, that when an account was produced it was objected, not that it was a bad account as such, but that it was bad in regard to the principle on which it was constructed; and then the Court frequently ordered other accounts. The expense of doing this was something enormous. He (Mr. M Laren) knew a case in which the accountants' bills amounted to nearly £3,000. Exceptions were often taken to the principle on which the account was made out-in other words, to the accountant's view of the law. The Court might find that the objection was well founded, and the subject was remitted to another accountant to make a report, and in that way an enormous expense was incurred. He therefore hoped that some provision would be introduced into the Bill, which would provide for the accountants being instructed at any rate as to the law which they had to frame their report upon before their account was prepared.

MR. M'LAREN said, that since the Lord Advocate was inviting suggestions, he should take leave to make one, and commence with the subject which had been touched upon by his hon. Friend the Member for Lanarkshire (Sir Edward Colebrooke)-namely, the time of the Judges. There was a general opinion in Edinburgh, and, indeed, all over Scotland, that the time of the Judges was not fully employed. For example, the Criminal Courts sat on Monday but only occasionally, and that day was therefore declared a blank day for all the Courts. The Inner House Judges remained at home, and the Judge Ordinaries remained at home, and this in itself constituted an abuse that ought to be remedied in any new Bill. Another point was that in 1828 a rule was made for the convenience of the senior counsel employed at the bar-and he might say the senior counsel were in number (according to an article in the Journal of Jurisprudence of last month) just about equal to, or, in fact, rather fewer than, the number of the Judges-that the Courts of the single Judges should sit at ten o'clock in the morning, and the Supreme Courts should sit at eleven o'clock, or practically a quarter past eleven, in order that these counsel might be able to attend to their briefs in both Courts; and the practice of these Courts was to adjourn for half-an-hour for lunch in the course of the day, and to rise finally at four o'clock, the Courts of the single Judges rising at three o'clock. It was clearly impossible to do much business in the course of so short a a time. He would, therefore, suggest that all the Courts should sit at ten o'clock; and this would, in his opinion, be a great advantage to the suitors and all parties interested. The present was not a right state of things, according to the general opinion of Scotland; he did not speak of the legal profession, but of the general public, which

THE LORD ADVOCATE: A question has been put to me as to whether it is purposed to reduce the number of Judges according to the terms of the recommendations made by a Committee which sat upon this subject, I presume in 1840. That, I think, is the last Committee which sat. Now, I will read the following extract which I find in the Report of that Committee. It is to this effect, that any reduction in the number of the Lords Ordinary seems at present impossible. The Committee state, further, that they had considered the administration of justice with the view of ascertaining whether the num

who devotes the greatest energy to the discharge of his duties, and he says that these blank days are frequently the busiest for judicial work, and for this reason, that he then considers the arguments which came before him during the hearing of a cause, before giving the decision which it is his duty to pronounce. The Equity Courts of England, which more nearly approach the Courts of Scotland, meet for three weeks, and then adjourn for a week, and have sittings after term. The Scotch Courts sit for two sessions without interruption, and have only a fortnight's recess at Christmas. These weeks of vacation have provided means by which the Equity Judges are enabled to prepare their judgments, frequently requiring a great deal of consideration before they are pronounced. I have, however, put in a proviso-although I have done so with some hesitationthat in their blank day the Outer House Judges shall make use of that day for the purpose of taking proofs.

Motion agreed to.

Bill to amend the procedure in the Court of
Session and the Judicial Arrangements in the
Superior Courts of Scotland, ordered to be brought
in by The LORD ADVOCATE, Mr. Secretary GA-
THORNE HARDY, and Mr. ATTORNEY GENERAL.
Bill presented, and read the first time. [Bill 45.]
COURT OF JUSTICIARY (SCOTLAND)
BILL.

ber of Judges could be reduced, and that they were not prepared to recommend such a reduction. It is plain, therefore, that the Committee of the House of Commons did not recommend any diminution in the number. [Mr. M'LAREN: I think there has been a Report since that time.] I think not. So far as I am personally concerned, I really do not care about the matter; and if it should be found necessary hereafter to reduce the number of Judges, they can be reduced; but I scarcely think that it would be proper to reduce the number when the complaint is that they do not get through their work. It is said that a good deal of litigation is kept out of the Court in consequence of there not being that rapidity of discussion which there ought to be; and we must expect a considerable increase in the business if a satisfactory result is arrived at. I am not prepared to say that the number of Judges ought to be diminished. It is impossible on an occasion like this to go into all the details of a Bill which embraces upwards of 100 clauses, without subjecting the House to inconvenience; but I may say that many of the objections which have been raised this evening are provided for in the Bill itself. For instance, it is said that the Court ought to meet at ten o'clock. There is a provision in the Bill to that effect. As to the remark that delay arises in consequence of consulting the convenience of senior counsel, I can only say that in 1865 I brought that question before the Faculty, when a THE LORD ADVOCATE, in rising to proposition was agreed to that no case move for leave to introduce a Bill to amend should be adjourned for the convenience of the procedure in the Court of Justiciary counsel engaged in another Court. My in Scotland, said, the object of it was to hon. Friend opposite, who is at the head of lessen the expense of conducting criminal our bar, gave me every assistance in the prosecutions, and also to diminish the inconmatter, and when the proposition was sub- venience of requiring witnesses to attend mitted to the Court it was agreed to; and in certain cases. He might inform the from that day there has been considerable House that a system had existed for some improvement in the administration of the time in Scotland of having what were Courts the cases being better disposed called two diets, or two days of appearof than they were before, and with less de-ance, on the first of which the accused was lay. I hope, therefore, it will be under- asked whether he pleaded guilty or not. stood that I have no desire to protect the If he pleaded guilty he received his punishinterests of the senior counsel at the ex-ment, and then there was no necessity for pense of the public; nor do I wish to limit consideration of the Bill to legal bodies, because I know that commercial bodies also take great interest in the measure The Bill contains a provision, that on what are called their blank days the Lords Ordinary shall not dispose of motions or hear argumentative discussions, but sit for taking proofs on trials by jury. I have had con. versation with one of the learned Judges,

LEAVE. FIRST READING.

summoning witnesses. If he did not plead guilty, then he had to appear on the second day and witnesses were summoned to attend. That had effected a considerable saving; and he proposed that the same system should be established in the Justiciary Court, so that probably in onehalf the cases it would not be necessary to have the witnesses present. They hoped to save in that way about £3,000

of regard and esteem which his great quali- at present engaged in the formation of a ties were formed to inspire. With regard Ministry. Under these circumstances, I to others, the confidence which has been am only following that which is the usual, bestowed upon him by a great political and, I believe, has been the invariable, party in this country is a proof of the con- custom, if, upon the part of my right hon. fidence which he was well calculated to Friend, I venture to suggest to the House produce. With regard to the eloquence the expediency of an adjournment until with which he defended his opinions in such time as the necessary arrangements Parliament, the records of Parliament shall have been completed. I much regret themselves will bear immortal testimony; and I am sure my right hon. Friend and of course history must deal with his relation to public questions. I trust, with the noble Earl, that we shall see the Earl of Derby again in this House, and that, although the state of his health, which is so deeply to be lamented, may prevent him from ever again assuming an official position, yet we shall hear from him that clear and eloquent language of which no man in Parliament is so great a master, with which he can express the opinions that flow from his own breast, from his intelligence, and from his quick and fertile mind, and which is so well calculated, whenever he does speak, to inspire the respect and esteem LORD STANLEY: I move that this of this House. House do now adjourn until Friday next. MR. GLADSTONE: So far as regards Motion agreed to: House, at rising, to the Motion for Adjournment, under present adjourn till Thursday.

House adjourned at a quarter past
Five o'clock, till Thursday
next, Two o'clock.

HOUSE OF COMMONS,

Tuesday, February 25, 1868.

MINUTES.]-NEW MEMBER SWORN-Alexander
James Beresford Beresford Hope, esquire, for
Cambridge University.

RESIGNATION OF THE EARL OF DERBY

MINISTERIAL STATEMENT.

LORD STANLEY: Sir, I have to announce to the House and I do it with deep regret that Lord Derby, in consequence of the state of his health, which, although improving, is still such as to render absolute repose from business necessary for a considerable time to come, has felt it his duty to tender to Her Majesty his resignation of the office which he holds; and Her Majesty has been graciously pleased to accept the resignation so tendered. I have further to state that, by Her Majesty's command, my right hon. Friend the Chancellor of the Exchequer is

concurs with me in that regret-to have to interpose any obstacle in the way of the debate on a subject which is, perhaps, at this moment, the most important that can engage the attention of the House. But I think the House will feel that the circumstances are such as to leave us no option. If the proposition I have to make should meet with the general approval of the House, I will propose that we adjourn until Friday next.

COLONEL FRENCH: I should like to ask whether Committees are to sit in the meantime? ["Order, order!"]

circumstances, I should not have thought that it called for a single word from myself, so obviously is it dictated by the propriety of the case. But, with reference to the special cause, which the noble Lord has, by a singular destiny, been called upon to be the person to announce to this House, I cannot help expressing for myself a regret, which I am sure will be the universal sentiment, that a career so long, so active, and in so many respects so distinguished and remarkable as that of his father, should have been brought to a close by the failure of his bodily health and strength.

MR. MAGUIRE: As no other person rises, I wish to say that, as a matter of course, I concur with the general sentiment of the House; but as the noble Lord admits the importance of the debate that I was about to initiate, I wish to know from him what Government day the noble Lord will give me for bringing forward my Motion? ["Oh!"] If the noble Lord wishes it, I will defer my question until Friday; but I simply wish now to express my opinion which is shared by many Members of the House that I have a right to some indulgence from the Government.

LORD STANLEY: All I can say now is, that I am quite sure those who sit on this Bench are not less anxious than the

HOUSE OF COMMONS,

Friday, February 28, 1868.

MINUTES.]-NEW WRIT ISSUED-For North-
ampton County (Northern Division), v. George
Ward Hunt, esquire, Chancellor of the Exche-
quer.

House adjourned at a quarter before RECONSTRUCTION OF THE MINISTRY-
Five o'clock, till Friday next.

MINUTES. PUBLIC BILLS- Royal Assent-I would say, on behalf of my right hon.
Habeas Corpus Suspension (Ireland) Act Con-
tinuance [31 Vict. c. 7]; London Museum
Site [31 Vict. c. 8].