§ LORD REDESDALEsaid, that his object in proposing the Resolution of which he had given Notice, of a new Standing Order with regard to the number of Law Lords sitting to hear appeals in their Lordships' House was this—that the Bill relating to the Appellate Jurisdiction of the House, which had been introduced by the noble and learned Lord on the Woolsack, contained a similar provision fixing the minimum number of Law Lords who were to sit and determine appeals. Under these circumstances, it was desirable that the House, which had ample power to do so, should of its own act do that which the statutable enactment would require to be done. He humbly conceived that whatever was required to be done could be done by their Lordships themselves without any legislation, and in the manner provided by this Resolution. The object of the provision was to meet the evil that had been dwelt upon very much, of a single Law Lord sitting with two lay Peers to hear and determine appeals. The Standing Order which he proposed would make no difference in the practice of the House. It would only provide that three noble Lords, qualified by their previous professional training, should sit on the hearing of appeals, and would not preclude any other noble Lords from attending at such hearings.
§ Moved to resolve, That no Appeal or Cause in Error shall be heard and determined unless there he present at such hearing and determination not less than three Lords holding, or who have held, some of the following high judicial offices; that is to say, the office of Lord Chancellor of Great Britain or Ireland, or of Judge of one of the Superior Courts of Law or Equity in England, or of Her Majesty's High Court of Justice or Court of Appeal in England, or of the Court of Session in Scotland, or of the Superior Courts of Law or Equity in Ireland.—(The Lord Redesdale.)
1201§ Ordered, That the said Resolution be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House.
LORD DENMANsaid, he was entirely opposed to the Resolution of the noble Lord, the effect of which would be, that if only two Law Lords and a third Peer were present ready to make up a quorum, parties, and attornies and counsel, even if anxious to proceed, would be obliged to wait for the appearance of some Judge of Appeal whose qualifications were not yet finally settled.
THE LORD CHANOELLORsaid, that he did not intend to raise any opposition to the Resolution of his noble Friend. On the contrary, the state of things which his noble Friend proposed to bring about by his Resolution was analogous to that WHICH would be produced under the Bill which had been lately introduced to their Lordships' notice. There was at present no danger of their not having the assistance of the requisite number of Judges, as so many of his noble and learned Friends were able and willing to give their attendance for disposing of the legal Business of the House; but he agreed that it was advisable that provision should be made for the attendance of not less than three official personages on the hearing of appeals.
§ LORD HATHERLEYsaid, he would not oppose the Resolution, but wished to point out that the wording of the resolution was too narrow, as it would exclude a Judge of the eminence of the late Lord Kingsdown.
§ EARL GRANVILLEwas afraid that such constant changes in the constitution of the appellate tribunal would by no means add to its dignity.
§ On Question? resolved in the affirmative.
§ Ordered, That the said Resolution be declared a Standing Order, and that it be entered on the Roll of Standing Orders of this House.
§ House adjourned at a quarter before Seven o'clock, till To-morrow, halfpast Ten o'clock.