date

1 Feb 1808 on L d Eldon's Bill
1 Feb 1808

on L d Eldon's Bill

Lords time

The superior object of the two in urgency as well as dignity - that which has for its theatre the House of Lords ingrossed their attention, and was all the while the only object aimed at. "If these regulations" (says the Lord President with his ten learned Co-Memorialists) "if these regulations" (speaking [of] a set of regulations the same in principle with those of which I have been endeavouring to give a view) "were adopted, we are persuaded, that the number of Appeals" (meaning Appeals to the House of Lords) "would soon cease to be a grievance to the subject, or a burthen to the House of Lords." +

A good effect which they never aimed at producing, it may happen to them to produce: but in respect of this sole object of their endeavours - at any rate the only declared object, Your Lordship if my humble view of the matter be not altogether incorrect, will see that they have compleatly failed.

Malâ fide Appeals and bonâ fide Appeals - under one or other of their divisions may the whole number (as elsewhere observed) be comprized.

Of the number of malâ fide Appeals the regulations in question will assuredly strike off a part: they will as certainly leave another part unexcluded. The proposition between the two parts will depend in each Session upon accidental circumstances; upon the circumstances of each individual cause: upon the amount of capital or principal at stake, the sources of profit at the command of the respective parties, the length of delay [...?] by the Appeal, and the money that must be paid, in the shape of costs, for the purchase of it.

+ Memor. art. 49.
Similar Items
  • Title: [[...?] Feb 1808 on L d Eldons Bill]
    Description: [...?] Feb 1808

    on L d Eldons Bill

    II. Appeals

    Lords time

    Thus much as to the influence of the proposed regulations upon the administration of justice, so far as concerns the national judicatory. But the expectations of the authors look higher and take a much wider range. If these "regulations were adopted", (says the Lord President with his ten learned Co-Memorialists) ["]we are persuaded, that the number of appeals would soon cease to be a grievance to the subject, or burthen to the House of Lords." +

    The first inferior part of the design.

    Melioration of the judicial establishment and the system of procedure provided for the execution of; striking off the unsatisfiable surplus of the demand made by Appeals upon the time of the House of Lords:-

    If the view herein given of the subject be just, the first of these effects seems capable of being in a certain degree produced by the proposed regulations.

    But what is curious enough is that excepting what concerns the judicial establishment, I mean so far as the system of procedure and that alone is concerned, whatsoever melioration may be the result will be the work of fortune, not having formed any distinct part of the object of the learned authors.

    + art. 49[?]
  • Title: [29 Oct r 1807 Eldon's Bill]
    Description: 29 Oct r 1807

    Eldon's Bill

    '.16

    Interest

    '.16 (1) (Interest)

    On the subject of interest, that is on the more extensive subject which on this occasion which called forth the mention of this word, our legislators had it been their wish to prevent malâ fide appeals would naturally have brought to view - viz. satisfaction for wrong by intermediate loss of possession, adding to compleat the provision, ademption of the value of any ulterior advantage made of the wrongful possession, enough has been said in the 5 th of these Letters. Was such their wish? It is just possible. But if so, how deplorable is the narrowness of their views.

    In the Memorial in which the Lord President was joined by two others of the 15 Judges - at a time (when Lord Grenvilles first Bill on the subject was on the carpet,) when the plantation of the Chamber of Review like a threatening milstone hung over those learned heads, no exertion was thought too great to keep /stave/ it off. The declared /principal/ object of this tremendous Chamber being to ease /the time/ the House of Lords of the extra load of Appeals that pressed upon it, here cried the Memorialists are a set of regulations that will do the business: do it in such a manner /so effectually/ that without any such "subversion of the Constitution of the Court, and of the fundamental laws of the country, contrarily to the articles of Union, and violation of the claim of right", will so order matters, "that the number of appeals will soon cease to be a grievance to the subject, or a burthen to the House of Lords." + Act 1

    Hereupon, to recommend the succederunt[?] propositions to the lovers of justice, if such were haply to be found, it was deemed necessary that some regulations tending really so far as they went to the ends of justice should be brought forward: the last of them was "that the House of Lords should allow higher cases, according to circumstances, and should also award interest on the score[?] in dispute.

    /in reality or in appearance memorial '.48.
  • Title: [1 Feb y 1808 Lords time But]
    Description: 1 Feb y 1808

    Lords time

    But it is to the malâ fide Appeals and those alone, that these regulations have any application. The appeals struck off by them will be those in which success being hopeless, delay with its profit is the only object in view. From the number of bonâ fide Appeals it will not strike off a single suit: at least not one of which if it were asked of the framers of the Bill whether it be desirable it should be struck off, their answer would be in the affirmative.

    From the number of bonâ fide Appeals, if the effect of the regulation were to make any defalcation, the greater the defalcation, so much the worse. Between the nature of the part defalcation and the nature of the part left undefalcated, no distinction being perceptible, if in regard to any part defalcation were a benefit, a fortiori so would it be in regard to the whole.

    Lessening the degree of uncertainty, so to the main body of the law, lessening the danger and suspicion of misdecision in the subordinate judicature, whether on the ground of law or on the ground of fact - it is only when thus produced that in defalcation from the number of Appeals presented to the supreme and imperial judicatory can be placed to the account of public benefit - regard being had to the ends of justice.

    Multiply the amount of the expence of applying for the remedy administered in the supreme judicatory, you will cut off the Appeals of all those bonâ fide suitors who, being able to bear the simple amount and not able to bear the multiple amount, would thus be excluded from the faculty of "adding to the burthen of the House of Lords": and by multiplying the amount of costs in the subordinate judicatories, the like effect might be produced at an earlier stage.