Lords Sitting of 5 March 1811

APPEALS.
The Lord Chancellor,in pursuance of his notice, moved for the appointment of a Select Committee, to consider and report what measures may be most expedient to adopt, for the purpose of expediting the hearing and determining of Appeals and Writs of Error in the House of Lords. His lordship observed, that he should not attempt to anticipate what the recommendation of the committee might be. It was clear that some measure was necessary, there being now upwards of 270 appeals and writs of error before the House, and it being quite impossible, unless more time was devoted to hearing them than had hitherto been employed for that purpose, that the arrear of business could be got through before another arrear as great or greater had accumulated. Neither should he now observe upon what regulation it might be deemed necessary to make respecting the proceedings of the courts of equity below, in consequence of a larger portion of the attention hitherto devoted to those courts being given to the judicial proceedings of that House, as that subject would most probably come under the cognizance of the committee.
The motion, after a few words from earl Stanhope, intimating his intention of immediately bringing on another motion relating

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to the same subject, was agreed to, and on the motion of the earl of Liverpool, a committee was appointed.
Earl Stanhopethen entered into the consideration of the subject at length, for the purpose of shewing that the grounds of the judicial decisions of the House ought to be put upon record. His lordship, in the course of his speech, stated the number of appeals now before the House, up to yesterday, to be, from the courts of King's-bench, Exchequer, and Exchequer Chamber, in England, 35; from the courts of Chancery in England and Ireland, 43; and from Scotland, including two from the court of Exchequer, 195; making a total of 273. The delay thus arising was so great, that if not remedied, what was said by the witty lord Chesterfield to a lord complaining of a horse which he could not keep from breaking down his fences, except by putting him in a court enclosed by high walls, "Put him into the court of chancery, depend upon it he will never get out;" might be applied by some future witty lord to the court of last appeal in that House. His lordship concluded by moving, "That it be an instruction to the said committee to consider, whether it would or would not be highly advantageous, in the distribution of justice, that this House should put concisely upon record, the points or principles of law, which shall form, in future, the grounds of each of its judicial decisions?"
The earl of Liverpoolopposed the motion, on the ground that it was not applicable to the present stage of the proceeding, the object for consideration being simply what means should be adopted to do that which had evidently become necessary, namely, to expedite the judicial business of the House. When the committee made their report, it would then be for the House to determine finally what measures should be adopted. The motion was negatived.