ion which was treated rather as that of a political
partisan than of a judge. The case of Daniel O'Connell and others,
brought up on writ of error from the queen's bench in Ireland in 1844,
may be said to have finally established the precedent that the judgments
of the House of Lords were to be given solely by the law lords. On that
occasion there was a difference of opinion among the law lords
themselves. The judgment of the majority of the House was strongly
against the political feeling of the government and of the peers as a
body, while the law lords who carried the decision had been appointed by
previous governments opposed in politics to the existing cabinet. But
all these temptations to a party vote by the unprofessional members were
resisted.
By S 20 of the act of 1873, the appellate jurisdiction of the House of
Lords (so far as it affects England) was abolished, but this section was
repealed by the Appellate Jurisdiction Act 1876. Under that act and an
amending act of 1887, the appellate business of the House of Lords is
conducted solely by the law lords, though lay peers may still sit
(_Bradlaugh_ v. _Clarke_, 1882, 8 App. Cas. 354). No appeal may be heard
or determined except in the presence of not less than three of the
following persons:--(1) the lord chancellor; (2) the lords of appeal,
four of whom are appointed under the act from among persons who hold, or
have held, high judicial office, or, at the date of appointment, have
been in practice for not less than fifteen years as barristers in
England or Ireland, or as advocates in Scotland; (3) such peers of
parliament as hold, or have held, high judicial office. By "high
judicial office" is meant the office of lord chancellor of Great Britain
or Ireland, lord of appeal in ordinary, paid judge of the judicial
committee or member of that committee, or judge of one of the superior
courts of Great Britain or Ireland.
An appeal lies to the House of Lords (1) from any order or judgment of
the court of appeal in England except as above stated; (2) from a
judgment or order of any court in Scotland or Ireland from which error
or an appeal to the House of Lords lay by common law or statute
immediately before the 1st of November 1876. No appeals are heard from
the decision of courts in criminal cases. The House of Lords has an
indirect power by standing orders to admit appeals from Scotland or
Ireland which under former law or practice could not be admitted
(Appe
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