The times. [volume] (Richmond, Va.) 1890-1903, 1891-02-22
LORDS or APPEAL.
A Curious Feature Of the English judicial
system.

The appointment Of Sir James Hammer 10
be a Lord of Appeals says the London Sdtur-
day Review, completes the number OF life
peerages authorized by Parliament There
are now four of these functionarles IN act'G'l
harness and in the receipt of salaries. They
are Lord Watson. Lord Macnaghten: Lord
Morris and Lord Hammer. Lord Blackburn
who has retired, is permitted by recent icEs-
lation 10 retain his pceragc, ana with u HIS
seat in the House of Lords.
Tho history of the new tribunal thus cradn-
ally formed is curious and Interesting. No
CHANGES havo been effected in the position OF
the House of Lords "a the Supreme Court oil
Appeal for the United Kingdom since 800.
Lord Shelborne attempted to abolish us Juulc-
ial powers in 1873 But lac met with such streiiI'-
Gus resistance that lie bad 10 abandon the pro-
icct one of his most active opponents DclllS
the late Isaac Butt. Before 1876 there had
been no recorded instance of a life peerage.
Lord Pamerston 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 Wens'eydale I"
take his seat until his patent had been made
out in the ordinary way.
The appellate jurisdiction act OF is" au-
thorized the creation by slow degrees and IN
carefully specified circumstances Of Tom ON
cal peers or. az Professor Freeman would
perhaps prefer TO say. Lords of Parliament.
They were not TO be life peers. Lord hedes-
dale objected to that. 1t would be contrary
to precedent. he said. whereas il they were
members of the House only during their
terms Of Office there was the precedent OF the
bishops Lord Redesdalo's scruples prevailed
and it was only after his death that Lord OF
Appeal became a life pecr-nt least lifelong
member of the House of Lords
II is fifteen years since the appellate luris-
diction act was passed, and yet the full num-
! Der of these Judges has only now been COM
pleted. They were intended as substitutes
| FOR the paid members of the judicial commit
| tee. of whom Sir Barnes Peacock was the
last survivor. Before 1873 the lord cbancel-
lor was the only peer bound by his Office to
sit and hear appeals. He had to depend upon
! the voluntary assistance of ex-cbancelors
and any late or present Judge who happened
! to have been ennObled. Lord Eldon was
| content to affirm his own decisions III the
| presence Of o bishop and lay peer who
| made the quorum Lord Devon provoked
much criticism by sitting with the Law lords,
although he had only been IL + III
| chancery.
Yet To- this day it is nominally tic whole
! house which decides legal eases, and every
| peer is technically entitled To vote. III OCon-
nell's case a considerable number Of them at-
! tended for that purpose. and were with diih-
Guilty induced hv Lord Brougham 70 retire.
| Since then the right has never been calnod.
although IN eccentric nOblcman did attend III
! his place and intimate dissent from the judy
ment which declared the liability OF all share
| holders in the Glasgow Bank to he 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 woolsacL, and in the event OF an
equal division tie rule semper presunltur pro
| negante applies.