date

25 Oct r 1807 L d Eldon's Bill
25 Oct r 1807

L d Eldon's Bill

'.8.

Senior Judge

(│ │) (The Judge presiding in, or in his absence the senior Judge of, the other division)

In '.2 when the phrase "shall sit at the head of each[?] division was under /among the/ consideration, inconveniences resulting from that rhetorical flourish put instead of shall preside, - its tendency to breed confusion and perplexity was observed. In the present section may be seen a proof. Had the word presiding been there employed, whatsoever were the divisions the absence of a Judge presiding in it was a case that could not here have been to be provided for, being a case that could never[?] happen. To the permanent President absence might happen: but if as often as it happened to the permanent President to be absent a temporary President was to be present, one of the other Judges taking on him /himself/ the character of presiding Judge: the case of the absence of a presiding Judge was a case which could never have place.

Thus stands the case if to preside in a division and to sit at the head of it /one/ are precisely the same function. Give to the clause in '.2 that construction, there can never be a case in which the presiding Judge can be absent, never be a case in which in the words of '.8. the Senior Judge of the other Division can be to be called in.

Give now to the clause of '.2. the other construction let presiding in the Division be one function, and sitting at the head of it another, in these terms and those above the clause in '.8 acquires a meaning. By the Judge presiding in the division is to be understood the permanent President, the President in titre, to whom it may happen to be absent /whose absence is one event capable of taking place/ without difficulty . He being absent, in[?] comes the clause in '.8. acquires a meaning and receives its execution and intended effect accordingly. The Senior Judge of this Division, obeys the call, and pays his visit to the other /gives to it from the other/: By /From/ this migration of the Senior Judge no interruption is given to the business of the Court that parts with him? Why no interruption? Because
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  • Title: [25 Oct r 1807 L d Eldon's Bill]
    Description: 25 Oct r 1807

    L d Eldon's Bill

    '.8.

    Senior Judge

    Because, upon and in consequence of the temporary absence of the regular President, the Election ordained in '.2 had taken place, and after the intrigues of the conclave had run their length, the absolute majority of the votes had been found conclusion to have ranged themselves in favour of a Judge other than the Senior Judge, say the Judge second in Seniority. This Judge second in Seniority, though he could not be admitted to preside in the division, there being no provision to the effect in '.2. or elsewhere, was however in terms of that same section admitted to sit at the head of it, whereupon in some way or other the business went on or did not go on according as it happened to the learned company to agree or disagree: and so it being at being the Judge next in Seniority that instead of presiding in /in lieu of a President/ the division sat /was sitting/ at the head of it, there was /the left[?]/ the senior Judge to who though Senior Judge in the Division neither presided in it nor sat at the head of it - there was he free and ready to obey the summons from the other Division, and pay the appointed visit to it.
  • Title: [25 Oct r 1807 L d Eldon's Bill]
    Description: 25 Oct r 1807

    L d Eldon's Bill

    '.8.

    Senior Judge

    So far so good. But the misfortune is, happy as the solution is, it can not have place in every case, and the case that does not admitt of it, is among the five or six modifications all equally possible, the most natural. Suppose that upon the absence of the regular President, the election under '.2 had turned out in favour of the Senior Judge, his brethren having agreed that no such affront should be put upon him as the learned penman had designed for him. Here then though under '.2 there is no Judge to preside in the Division, there is a Judge, viz. this Senior Judge to sit at the head of it. But now then, unfortunately comes the call, and out /off/ goes the Senior Judge upon his visit. But observe /what is/ the consequence? In the division which under '.8. that has parted with its senior Judge, after having by spontaneous absentation parted with its President, its sole possible as well as sole actual President - in this division there remains no Judge to preside in it, no Judge so much as to sit at the head of it. Now then what is to be done? Is the business of it to remain at a stand all the /the whole/ timethat the visit lasts - a time to which there are no definite limits? or under and by virtue of '.8. is a fresh election to take place?
  • Title: [28 Oct r 1807 L d Eldon's Bill]
    Description: 28 Oct r 1807

    L d Eldon's Bill

    '.14

    The Presiding Judge

    (Minute without accuracy, censorial without ground, dissatisfied with every thing, competent to nothing, he frames and creates insufficiency where he found none.)

    (2) (The Presiding Judge, and the Judges of the Division)

    The skill displayed by this workman in planting obscurity and ambiguity upon the clearest ground is truly /altogether/ matchless. Here is yet a fourth point which he has contrived to render indeterminate dubious and unintelligible. When that paper which is to be presented by one knows not who, one knows not where is to be laid before somebody, who is that somebody? Solve this riddle who can. No Court, no Quorum, no Division now: but the Division itself is now divided into two unequal parts, the Presiding Judge one, and the Judges, one may /it may/ suppose the remainder of the Judges, the other: and to what purpose divided? that they may be united again as if for the purpose of raising a doubt /generating doubts/.

    Nor is this all. For who is the Presiding Judge? Is it the Lord President alone in Division the 1 st, the L d Justice Clerk alone, Vice-President, in Division the 2 d; or is it in each, on the absentation of the regularly presiding Judge whichsoever Judge by right of election presides in the division or acts at the head of it in his place. To what cause shall /can/ we ascribe this splitting and immediately consequent reunion? To the learned Draughtsman's habitual efflorescence /diversification/ /variegation/? Not for this time[?]: for immediately comes a separate /new/ Quorum, for this particular purpose only, with the Presiding Judge for one at all events in[?]

    , and then others any those as it may happen.