date

Elucidations to Tables IX, X, XI
Elucidations to Tables IX, X, XI

(e)

(Dismissed not being prosecuted) An Appeal is, for want of being prosecuted, dismissed of course, to either of two cases: 1. if, on the day appointed, as above, the Appellant omitts to distribute the printed cases: 2. if, having made such distribution, when the Appeal comes to be called on, on the regular day (viz. when, after having been set down for hearing, it stands first upon the list, all those that had been presented before it having disposed of) no person appears in support of it.

N.B. In Mr. Urquhart's Book, intituled the Solicitors Practice in the House of Lords 1773, dismission is not stated as taking place on any other occasion than that of a compromise. [pp.47, 48, 49]

[e] (Arrears of each year) Whether, at the commencement of this period, there existed any of what arrear, does not appear from the accounts: if any, the probability is that it could not have been considerable enough to be in any practical point of view worthy of regard.

[f] [Gained upon arrear] The comparative degree of dispatch given under the management of Lord Loughborough, is an object that will naturally attract notice.

[g] [Total amount of Arrear] Then three last tests, deduced as they are from the preceding ones, are here added to the official accounts. The results are deduced, by subtracting from the number presented, the numbers disposed of in one or other of the three several ways, viz. by the Appeals being heard, withdrawn or dismissed. To exhibit the total number of the appeals which, as the time of giving in their Account (in March 1807) were at the Bar of the supreme Imperial judicatory calling in vain for justice, the arrear already in existence at the commencement of the period comprized in these accounts would require to be added: viz. if any such there was but, from the rate of dispatch that took place during the 1 st period, it may be inferred that there was none.
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  • Title: [10 Jan y 1808 Elucidations to /table]
    Description: 10 Jan y 1808

    Elucidations to /table IX, X, and XI

    (f)

    (Arrears of each year) This column, together with then two next, viz ( Gained upon the Arrear) and (Total amounts of Arrear) (viz. in each year) deduced as they are from those comprized in the official Accounts, are here added, for the purpose of applying the information the more closely to the object in view.

    (g) ( Gained upon the Arrear) The comparative degree of dispatch given, in these the following years viz. 1797, 1798 under the management of Lord Loughborough, compared with the Arrear which, commencing in the next year (1799), continued thenceforward to encrease, is an object, that ought naturally to attract notice.

    (h) ( Totals remaining upon the Arrear) These results are deduced, by subtracting from the numbers presented in each year, the numbers disposed of a disposed of viz. in one or other of the three several ways, viz. by the Appeals being either heard, withdrawn, or dismissed. Had every year produced an Arrear in that case in each year the total amount of the Arrear [...?] in the course of the whole period down to that year inclusively would throughout have been exhibited, by the simple operation of adding to that year the Arrears of the several preceding years. But, as the Table exhibits two years (1797 and 1798) which, instead of making an addition to the total amounts of Arrear in those years respectively, subtracted, each of them, a number from the total amount, hence came the necessity of interposing, between the Column and the Column expressive of the Arrear of each of the years that afforded in Arrear, the Column expressive of the numbers upon the Arrear, viz. in the only two instances in which any such extra dispatch took place.
  • Title: [20 Jan y 1808 Elucidations to Table]
    Description: 20 Jan y 1808

    Elucidations to Table IX, X, and XI

    A natural question here is, whether the number 145, the number expressive of the total amount of the Arrear, accumulated in the 13 years and part of a fourteenth comprized in these official Accounts, delivered in as they were on the 11 th of March 1807, comprized the whole of the number remaining in arrear and waiting to be disposed of at that time? The affirmation seems not improbable but in regards to the amount of the arrear neither that conclusion nor any other can be deduced to a certainty from any information afforded by these Accounts. That in 1793, being the year immediately preceding the commencement of the earliest of the two periods comprized in these Accounts, an arrear existed, is manifest on the face of them. For at the end of 1796, being the 3 d year comprized in them, the Total amount of the arrear accumulated in this period was no more than 15: and in the two next years 1797 and 1798 taken together, we see 24 Appeals disposed of over and above the number presented in those same years: deducting then 15, as being the Arrear formed during this period, there remains 9, a number which must already have been remaining in arrear, at the commencement of this same period. But in addition to these 9, there may have been at the commencement of this period, arrear to any amount: an arrear which if existing will be to be added to 145, the numbers exhibited by the last column of numbers in this Table.
  • Title: [Elucidations to Tables IX X XI At]
    Description: Elucidations to Tables IX X XI

    At the close of the first of the two periods comprized in these accounts, came the Union between Great Britain and Ireland; stated[?] by the Statute 39 & 40 G.3.c.67 2 d July A o 1800 antecedently to the Irish Emancipation Act 23 G.3.c.28, of the appeals called Writs of Error, such as were presented from the Irish Court of King's Bench used to be presented - not to the Scotch House of Lords, nor to the Irish Exchequer Chamber, but to the English Court of King's Bench. By the act ('. 2.) all appeals of both denominations were forbidden to be received by any English Court, from any Irish Court. In consequence, the Writs of Error, which till then had gone from the Irish King's Bench, to the English King's Bench, went thereforward to the Irish House of Lords. When, by Article 8 th of Union, the state &[?] judicature came to be fixed, the superordinate jurisdiction, of the English King's Bench over the Irish King's Bench, was not restored[?]: but all such appeals , of either sort, as, during the period of emancipation, had gone to the Irish House of Lords, were, without exception, (consequently those that, before the emancipation had gone to the English King's Bench) made over to the House of Lords of the United Kingdom.