Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-02-14
LORDS OF APPEAL
A Curious Feature Of the English Judicial
System.

System.
The appointment Of Sir James Hammer 10 be
lord Of appeals, says the London SATURDAY
Hcissc, completes the number Of life peerages
authorized by parliament There are now four
OF these functionaries in actual harness and in
the receipt Of salaries. They are Lord Watson,
Lord Macnaghten. Lord Morris and Lord Han
men. Lord Blackburn. who has retired. is per-
mitted by recent legislation to retain his peer
age and with il his seat in the house Of lords.
The history Of the new tribunal thus gradu-
ally formed is curious and interesting. No
change has ever been effected in the position Of
the house Of lords as the supreme court OF sp-
peal for the united kingdom since 1900. Lord
Selborne attempted to abolish its Judicial pow
ers in 1873. But he met with such strenuous
resistance that he had to abandon the project.
one OF his most active opponents being the late
Isaac Butt Before 1876 there had been no
recorded instance of life peerage. Lord Pal
merston had recommended the queen TO confer
one upon Baron Parke. But the house Of
lords, instigated BY the late Lord Derby, would
not allow Lord Wenseydale 70 take his seat
until his patent had been made out in the ordi-
nary way.
The appellate jurisdiction act of 1876 author
ICED the creation by slow degrees and in care
fully specified circumstances OF four official
poete. VI, as ttOi freeman would perhaps pre-
Ter to say. lords Of parliament. Thew were not
to be life peers. Lord Redesdale objected to
that. II would be contrary TO precedent. he
said. whereas il they were members of the
house only during their terms Of Office there
was tine precedent of the bishops. Lord Redes-
dales scruples prevailed and il wss only after
hie death that lord Of appeal became life
peer-as least lifelong member of the house
Of lords.
Il is fifteen years since the appellate juris-
dlction act was passed. and yet the full number
OF these judges has only now been completed.
They were intended substitutes for the paid
members Of the judicial committee. OF whom
Sir Barnes Peacock was the last survivor. Be-
fore lS7G the lord chancellor was the only peer
bound by his Office to sit and hear appeals.
He had to depend upon the voluntary assist
ance Of ex-chancellors and any late or present
Judge who happened TO have been ennobled.
Lord Eldon was content to affirm his own de-
cisions in the presence OF q bishop and lay
peer, who made the quorum. Lord Devon pro-
voked much criticism by sitting with the Law
lords, although hehad only been master in
chancery.
Yet to this day it is nominally the whole
house which decides legal cases, and every
peer IL technically entitled to vote. In OCon-
nell's case a considerable number Of them at
tended for that purpose and were with diff
Guilty induced by Lord Brougham to retire.
Since then the right has never been claimed,
although an eccentric nobleman did attend in
his place and intimate dissent from the judg-
ment which declared the liability of all share
holders in the Glasgow Bank TO be unlimited.
The forms OF debate are still preserved. The
lords rise to state their opinions, they address
the house. the chancellor puts the question
from the woolsack. and in the event OF an
equal division the rule semper presunitur pro
negante applies.