Report from the Select Committee of the House of Lords, Appointed to Inquire Whether It Is Expedient to Make Any, And, If So, What Provision for More Effectually Securing the Efficient Exercise of the Functions of This House as a Court of (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 edition. Excerpt: ...it necessary to say on the general constitution of the Court, and the way in which it has been worked. There has been little complaint from the public of the way in which it has worked, mainly arising from the fact to which I have alluded, of the admirable patience and industry and pains bestowed on the cases, and the contrast which that bore at one time to the practice in the Court of Session, for the practice in the Court of Session was anything but satisfactory for the greater part of the period of which I have been speaking. 539. Earl of Derbg/. You are aware that a large proportion of the appeals before the House of Lords are Scotch appeals? l am. I have frequently heard that remark made in the House of Lords, and have been often tempted to say that one notorious reason for that is, that it is to a certain extent, whether rightly or wrongly, viewed as a lottery, especially when the English law differs from the Scotch, and differs in the direction of the appellant's case. He consults an English lawyer, and if he finds it is so, he brings his appeal. I humbly think that is not a system of things which is consistent with the due administration of an Appellate Court: and I know in many instances that such is the consideration on which parties appeal; I believe, in that view, I coincide with a great many of our body. 540. Lord Sundridge. Do you think it would tend to make it less of a lottery if there were a law Lord in the House of Lords conversant with the practice of the Courts in Scotland? I should be sorry to see appeals in the hands of a Scotch law Lord exclusively: but I think if there were a Scotchman of eminence in the Court of Appeal, it would tend very much indeed, not only to diminish the number of appeals, but to...