The Sun.
London, England, 1856-02-29 00:00:00

HOUSE OF LORDS-(YESTERDAY).

The Lnito CHANCELLOR t,ok his seat on the woolsack
at five o'clock.

ROYAL CO\!SfISSION.

The Royal Rsent• way given by itomnii‘olion to the
Hnuee of Commons o;ficerd' Bill and the Metropolitan
Police Bill.

The Royal Clrorni,isinners were the Lord Chancellor,
the Doke of Argyll. and the Earl of llitrowhy.
Their lordships adintrned during' uleasure.
The Iroi,o t e-ai,oonhled at five o'clock.

The Ma,quis of BREADA.LBANE presented peti-
tions from Scotland against the sale of intoxicating
drinks.

CIIARITABLE USES BILL.

On the motion of I.,,prti RBDESDALL the Charitable
Uses Bill was read a first time.

Lord BROUGHAM, in presenting a petit;on from
the lawyers of the Irish bar, including the Queen's coun-
sels, praying that in any arrangement adopted fur legal
education in the United R.."ingdwn the benefits of such
measure be extended to Ire;and, expressed his live that
the subject would be taken into their lordships' serious
consideration.

JOINT STOCK BANKS (SCOTLAND) BILL.
bill pmked through committee.
TURNPIKE TRUSTS A RRANGEIIENTS BILL.

The Earl of HARROWEY moved the second reading
of thin bill.

The Earl of DERBY expressed biz objection to the
second clause, which seriou .ly affected the rights of per-
sons connected with turnpike trusts. The bill was alto-
gether a most extraordinary one, and required explana-
tion.

The EArl of HARROWBY explained the object of the
clauses, and he should be prepared to amend some of
the clauses in committee.
After a brief conversation the bill was read IL Peoond
time, on the understanding that it should be amended
in committee,
APPELLATE JURISDICTION OF THE HOUSE
OF LORDS.

The Earl of DERBY rose to move for a select corn.
mittee to inquire whether it was 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 appellate jurisdiction, aid that such committee
report their opinion thereon to the house. The noble earl
said by the present motion he did not intend to interfere
with the question of his noble and learned friend (Lynd-
hurst) who had so well and so ably brought the subject
under their lordships' consideration. He thought that so
far from even interfering with it, it would derive benefit
from the preset motion. He did not consider the ap
pellate jurisdiction so essential to he discharge of the
other functions of their lordships' house as many thought.
If a choice was to be made between the dignity of that.
house and the proper discharge of its judicial function:,
towards the country, he should have no hesitation in
preferring the latter. In the first place, how was this
judicial tribunal rractically
,estahlished 1 Theoretically,
the whole house was-the tribunal, but this was merely a
legal fiction, for the ley lord practically had nothing what-
ever to do with the judgments which their lordships were
pleased to pass. Now, the objections to the present
system he took to be seven in number :-1, the small
number of the jadges ; 2, that their attendance was not
compulsory ; 3, that their attendance not being com-
pulsory the number attending was uncertain ; 4, that
there was great chance of a failure of jwaice in °onset.
einenee of to judgment being delivered ; 5, that in cer-
tain cases the appeal was from a certain individual in
one capacity to the same individual in anotheecapacitY ;
6, that the tribunal sits for only half a year, and during
the remainder of the year there was a denial of justice
to the subject ; and 7, that in the case of Scotch appeals,
it was an inadequate tribunal. Now, with respect to
the sixth objection, which he would mention first, that
was quite inseparable from the primary question of whe.
ther that tribunal was vested in the House of Lords. If
it were, there was not a doubt but that this tribunal
could only sit while their lordships were sitting. He
was far from being favourable to facilitating appeals. He
considered that in many cases parties were flattered or
irritated into appeals by their counsel MO attorneys in
the heat of the moment, when, if they had bad three or
four months to reflect, they would have saved their
money and also their lordships' time. As to the appeal
from the judge in one capacity to the same judge in an-
other capacity, it might be possible for the trained legal
mind to do justice in an appeal from himself to himself,
but it was not fair to the jedge. and brought the admi-
nistration of justice under suspicion. There was one case
to which he might more particularly allude, and that was
where the Lord Chancellor had reversed the decision of
a Vice-Chancellor, and then was appesled to in that
house against his own decision in the court below. As
to the uncertain attendance, it was clear that one remedy
proposed by the Government would not meet the case,
because the creation of any number of legal peers
would not make a compulsory attendance. Happily
political opinions were so divided in this country, that
he did not think the suitors of the country would suffer
by the Court of Appeal being vested in the hands of one
who, though selected for his political opinions, was at
the same time selected for his conspicuous abilities.
One noble and learned lord (Lord Lyndhurst) was un-
able from his great age to attend appeals, nor was the
noble lord at the table (Lord Campbell) in consequence
•of his duties elsewhere. The noble and learned lord on
the wwleask was always there, and his no lge kiirl bawd