Imatges de pàgina
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OUTLINE OF THE ORDINARY PROCEEDINGS UPON APPEALS BEFORE

THE JUDICIAL COMMITTEE.

Leave to Appeal within Fourteen days from Date of Sentence, 706.-Restraints

on Appeals not binding on the Queen in Council, ib.-Appealable Value, ib.—

Character of Sentence, 707.-Securities, ib.—Transcript of Proceedings, ib.—

Appeal cannot be withdrawn but by order from the Queen in Council, 708.—

Proceedings stayed below unless upon security, ib.-Form of Appeal, 709.—To

be lodged in Privy Council within a year and a day from Date of Sentence,

710.-Occasional Relaxation of the Rule, ib.-Appeal submitted to the Queen,

and referred to the Judicial Committee, 711.-Printed Cases and Appendix, ib.

-Party first lodging his Printed Case may obtain orders for his Opponent's,

712.-On Lodgment of Cases by both Parties Cause set down for Hearing, 714.

-Respondent will not be ordered to appear till Appellant's Printed Case is

lodged, ib.-On default, Cause set down ex parte, 716.-But Party let in on

lodging his Printed Case before the Hearing, ib.-Hearing of the Appeal, 717.

-Report to the Queen, 718.-Approval by her Majesty, ib.-Decree by consent,

ib.-Costs, ib.-An Appeal sometimes dismissed with Costs, but Party read-

mitted to appeal, ib.-If Respondent do not petition for dismissal, the Appeal

may be presented at any time, ib.-Respondent cannot obtain dismissal of an

Appeal lodged without lodging his Printed Case, 719.-Petition to dismiss met

by presentation of Appeal, ib.—Petitions to rescind Orders of Dismissal, 720.

-Rule as to Affidavits, ib.-Refusals by the Court below of leave to Appeal,

ib.-Applications to advance, postpone, or withdraw Appeals, 721.—Rehear-

ings, ib.-Petitions on interlocutory matters addressed not to the Queen, but

to the Judicial Committee, 721
706

APPEALS FROM THE ISLE OF MAN.

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APPEALS IN LUNACY AND IDIOCY.

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INTRODUCTION.

CHAPTER THE FIRST.

Ancient Exercise of Jurisdiction by the Lords in Parliament.

House of Lords the Court of Parliament, 1.—Concurrence of the Sovereign in its Judgments, 2.-How to be understood, ibid.-Supposed participation of the Commons, 3.-Negatived, ibid.-Dispensation of Justice a prominent object of ancient Parliaments, 4.-Magdulphus v. King of Scotland, 5.-Gradual relinquishment of original Jurisdiction, ibid. -Receivers and Triers of domestic and foreign Petitions, ibid.—Who were the Receivers, 6.- Who the Triers, ibid.-Duties, 8.-Project of reviving their Authority, 10.-Of the Parliamentary Court established by 14 Edward III., c. 5, 13.—Might sit during Recess, 14.— Of Committees of Judicature, 15.

IN N its judicial character, the House of Lords must be regarded as constituting, exclusively, that supereminent tribunal which we distinguish by the title of the High Court of Parliament (^);—a court identified, by representative succession, with the great councils of the realm assembled in distant ages to advise the sovereign, to enact laws, and to dispense justice.

Viewed in this light, the jurisdiction of the House of

() The word Parliament, now applied to both houses, formerly denoted the House of Lords alone. Hence the office of the House of Lords is still called the "Parliament Office;" and

its chief clerk is styled, in his commission from the Crown, the " Clerk of the Parliaments." In short, the House of Lords was originally the entire Parliament; and, in a judicial sense, is so still.

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