JB_094_551.xml

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)

JB_094_542.xml

Title: [Elucidations to Tables IX, X, and XI]

Description: Elucidations to Tables IX, X, and XI

(b)

(Writs of Error) In English and Irish Common Law Courts, Appeals are called Writs of Error: in English and Irish Equity Court causes, as well as in [...?] Spiritual Court & Admiralty Court causes, they are called Appeals: so likewise in all such Scotch causes as came before the House of Lords.

In the whole sheet Table of Standing Orders of the House, dates A o 1804, I therein ordered to "be printed & published & affixed on the doors of this House" (the House of Lords) "to the [...?] all persons that shall be therein concerned, may the letter take notice of the same[?]," in the title as well as in the body of the paper, Writs of Error occupying the first place.

The declared principal object of the document in question being to bring to view the amount of the demands made, upon the House of Lords for such part of its time as could with propriety be allotted to the exercise of its appellate jurisdiction, if the cognizance of the Appeals called Writs of Error occupied any portion of that time, the reason, for stating the portion of time occupied, applied no less pointedly to this sort of Appeals, than to any of the others: &[?] the number of Writs of Error, as the appropriate column shews & has been much greater than that of all the other Appeals put together.

In the contrary case, viz. if by the Appeals called Writs of Error, in portion as all of the time of the House was occupied, then, so far as the time of the House was the sole object, the reasons for bringing to view the others would not extend to these.

In the Ulterior [...?] (art. 4) to these Tables & in [...?] (art. 4 to Table XII, in the case of the Appeals called Writs of Error, presented to two of the three English subordinal Chambers of Review, in the King's Bench & that[?] men[?] of the[?] [...?] Exchequer Chambers, which sits over the King's Bench, the number of

JB_094_547.xml

Title: [Elucidation to Tables IX, X, and XI]

Description: 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.