§ "6. Because when the Equity side of the Exchequer was abolished it was deemed "a waste of power" by the last Lord Chief Justice of England but one, and such power might gradually be extended instead of being conferred indiscriminately.
§ "7. Because, although by the Bill, in the event of Chancery being in Commission, the Senior Lord would be Speaker of the House of Lords, yet no provision is made for constituting a complete Court of Appeal, by appointing at least two other Noble Lords Commissioners and Deputy Speakers, with such a Committee of Spiritual and Lay Peers as might be formed on the model of 14 Ed. 3 st. 1. c. 5.,* which was enabled to sit whenever Parliament was assembled, also in vacation, and in such case to report to the House at the next Parliament.
§ "DENMAN."
§ Then it was moved by The Lord Redesdale in page 9. line 26. after ("Council") to insert ("except when the Court of Appeal shall be of opinion that any Appeal ought to be re-heard, in which case the Court shall order such Appeal to be referred to the House of Lords.")
§ Which being objected to; The Question was put thereupon? It was resolved in the Negative.
§ "DISSENTIENT:
§ "1. Because when the decision of a Court is appealed from, it is better that the Cause should be referred to another Tribunal than re-heard in the same Court.
§ "2. Because by rejecting this amendment the House abandons its ancient prerogative of being the Supreme Court of Appeal in England.
§ "3. Because this House cannot be deprived of the right to exercise such an important and useful function without ultimate loss of character and authority.
§ "4. Because the efficient manner in which the House has discharged this duty is admitted in the Bill, which, while it removes England from its jurisdiction, retains it for Scotland and Ireland, as eminently satisfactory to those countries, and preferred by them to the new Court of Appeal proposed to be established for England.
§ "REDESDALE."
§ "For 3rd and 4th Reasons.
§ "DENMAN."
§ *Hansard's Debates, Vol. 34, Third Series, pp. 426–7, June 13, 1836 (Ld. Cottenham).