§ Lord Redesdalementioned, that it would be of great importance to the public service to have a speedy decision on an Appeal now before the House, relative; to encroachments in Portsmouth Harbour, and suggested the expediency of hearing it on an early day after the recess.
The Lord Chancellorsaid, he had no objection to take this Appeal out of its course, provided it could be done without injustice to the other suitors before the House. If the Appeal now alluded to could be heard in the morning, so that it might not interfere with the regular course of proceeding in regard to other appeals, he should be willing to agree to such an arrangement. It would be felt to be an indispensible act of justice to the other suitors to make some such an arrangement, when he stated, that of the 270 Appeals and Writs of Error now on the table, the last of them, according to the mode of hearing hitherto acted upon, 245 could not be decided for eleven years from this time.
§ Lord Redesdalehad no objection to agree to this arrangement. It was only the importance of the case to the public service that induced him to propose to take it out of its course. His lordship went into the consideration of the Bill recently passed by the House and sent down to the Commons, for the appointment of a Vice-Chancellor, observing, that either that measure must be carried, or the House must abandon its appellate jurisdiction. Which was the more constitutional course, it needed no argument to point out. The greatest grievances and hardships to parties arose from the delay in hearing appeals in that House, and the only effectual remedy he conceived to be, to give assistance to the Lord Chancellor in the Court of Chancery, in order to enable that noble and learned lord to sit in the House of Lords, at times when at present he was required to sit in the Court of Chancery. It was also of importance that some measure should be adopted to compel the attendance of peers, during the mornings for three or four days in the week, in order to the hearing and deciding upon appeals with a due regard to the functions of the House, and the interests of suitors. His lordship moved that the Appeal in question should be taken into consideration on the first day after the recess.
Viscount Melvilleurged the great importance of deciding upon this Appeal as speedily as possible, as it involved in a great degree the existence of Portsmouth harbour.
The Lord Chancellorwas perfectly aware of the importance of the case to the public service, and was anxious that some arrangement might be adopted with a view to its speedy decision. He proposed, therefore, that the hearing should commence on the first day after next term, at ten o'clock in the morning, and that the Lords should be summoned during each day of its progress. As to himself, whether in or out of office, he would certainly attend. With regard to the Bill for the appointment of a Vice-Chancellor, he had cautiously abstained from saying any thing upon it, being satisfied, that although it must be admitted that the Bill had reference only to a Chancellor, and not to the Chancellor, still that what fell from him upon the subject, would be received with a certain degree of prejudice. He would, however, say this much, that 246 he would not hare suffered the measure to have gone on to its ultimate stage, had he not been thoroughly convinced of its absolute necessity, for the assistance of suitors in that House.