§ LORD REDESDALEsaid, that as their Lordships were anxious to know what course was proposed to be pursued, he had been requested by the Duke of Buccleugh to give Notice of his intention, on the House going into Committee on the Supreme Court of Judicature Act (1873) Amendment Bill, to move the following clause, in order to take the sense of the House upon the question of retaining their appellate jurisdiction:—
That so much of Section 20 of the Supreme. Court of Judicature Act, 1873, as provides that no error or appeal shall he brought from any judgment or order of the High Court of Justice or the Court of Appeal to the House of Lords is hereby repealed, and there shall be such an appeal to the House of Lords as is hereinafter provided.
§ LORD PENZANCEMy Lords, in the event of the clause of which Notice has just been given being agreed to, I beg to give Notice that I shall move that the House resume, in order that I may propose the following Resolutions:—
1. "That this House shall henceforth adopt its ancient usage in appointing such Lords as it considers most able to discharge its judicial functions 'triers' of the causes referred to it for adjudication.2. "That legislative sanction be obtained for the hearing of causes by such 'triers' during any prorogation or dissolution of Parliament.3. "That provision be made whereby the House may obtain such assistance from the Judges of the Supreme Court of Judicature as may maintain its present and secure its permanent efficiency as the Court of Ultimate Appeal for the United Kingdom.