date

Elucidation to Tables IX, X, and XI
Elucidation to Tables IX, X, and XI

(i) ( Ireland) at the commencement of this 2 d period of years it is, that the Irish appeals make (as will be observed) for the first time. This change was the result of the Irish Union Act 39 th act Geo.3.c.67: 2 d July 1800. During the interval between the Union, and the emancipation of the Irish Parliament, from its dependence on the British, viz. as 1782, by 22G.3.c.53 - the appeals now presented to the House of Lords sitting for the three United Kingdoms, now to be presented to the Irish House of Lords.

(k) ( Bye-Day) It is with reference to the regular days abovementioned [Note (c)] that all other days in the week are called Bye-days.

Bye-days are not like the regular days, appointed for the hearing of causes, without distinction, see[?] the order in which they stand upon the list. Bye-day is appointed for each cause separately taken, upon a Motion made by some Lord, in compliance with a Petition presented by a party who regards himself as prejudiced by the delay (most naturally and frequently the Respondent) and commonly on some special ground: 1. that the hearing will (fr instance) take up but little time: 2. that the party, applying for the extra-dispatch thus given, is poor: 3. that the whole or the greater part of his property is at stake upon the cause: 4. that the decision appealed from is interlocuting, & that, in consequence of the Appeal, the final decision that should be pronounced in the Court below[?], is suspended or retarded: 5. that the question is a question Scotch law. & that Scotch Counsel, concerned in the cause, happen to be then in London, but for a limited time: 6. that the appeal is without merits, & brought merely for delay.
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    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.
  • Title: [16 Jan y 1808 Scotch Reform]
    Description: 16 Jan y 1808

    Scotch Reform

    Elucidation to Tables IX, X, XI concluded

    (1) [145] So far as concerns the malâ fide Appeals, (which till the time comes for hearing, at which conjecture they are either withdrawn or dismissed commonly without being argued, can not be distinguished from the bonâ fide Appeals) the cause of this arrear may be seen in the influence of the fee-gathering system.

    By the fee-gathering System, understand that system which, to the remuneration attached to offices concerned in the administration of justice, gives the Shape of fees: viz. sum of money, the aggregate of which rises and falls along with the number of suits, and the number of incidents taking place in each suit.

    The multitude of malâ fide Appeals is produced b the profit which the Appellant finds it in his power to make, by subjecting the Respondent to the ulterior load of delay expence and vexation attached to this ulterior stage: and forasmuch as the amount fees has all along risen and fallen with the multitude of Appeals malâ fide as well as bonâ fide ones it has thus been the interest of persons in high office, Judges and others, to render by apt encouragement the multitude of these acts of iniquity as great as possible.

    This encouragement consisted in the giving to the operation of Appeal, the effect of staging execution on the decision appealed from. By this means, where in contemplation of the advantage to be reaped from such delay, a man had got possession of property, to which he had no right, whatsoever might be the nature and amount of such advantage was secured to him, for such length of time as the delay, could be made to last, See Ulterior Results, art. 6.
  • Title: [2 Jan y 1808 Elucidations to Tables]
    Description: 2 Jan y 1808

    Elucidations to Tables IX, X, XI

    At the date of the first of the two periods comprized in those accounts, came the Union between Great Britain and Ireland, effected by the Statute 39 and 40 G.3.e.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 and to be presented - not to the Irish House of Lords nor to the Irish Exchequer Chamber but[?] to the English Court of King's Bench. By that Act ('. 2.) all Appels of both denominations were forbidden to be received by any English Court from any Irish Court. When by Article 8 th of the Act of Union the state of 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.

    At this conjecture, the House (as may be seen in the Table), was already labouring under the incapacity of answering the draught already made upon its justice by antecedent titles. A denial of justice already existing, and manifestly destined to encrease received thus an aggravation from positive law. Of the Minister by whom this Union was brought forward and the arrangements of it settled, the most active and confidential assistant was an Honourable Gentleman, now Right Honourable, who, in his character of Clerk of the Parliaments, principal Officer of the House of Lords, had not a little to gain by this injustice, and nothing at all to lose by it, moreover lest the profit derived from such a source should come[?] too soon, it had already been continued in the same family, for and during the term of a young life, by reversionary[?] grant, bearing date in October 1795. In the House of Commons Account of Plans for life ie.[?] Order for printing dated 8 th Feb y 1802: p.7. The year's profit was at that time stated at ,3,300. If ,[?] must [...?] as these Tables shew, have received no inconsiderable encrease; and it seems destined to go on encreasing, in proportion to the distress of the injured and the triumph of the wrongdoers. For ulterior exemplifications of the effects produced in this way by the fee-gathering system, see Elucidations to Table XII. (d)