2] APPEALS [Mamt owts,
Report, 1837-8—continued.
Appeal Bo7ids.
More than half the appeal bonds prosecuted at assizes are informal, Leonard 561 Many decrees of seneschals get affirmed on appeal in consequence of the informality of bail-bonds, Leonard 904.
Appeals:
.
1.
Causes of Appeals, and Decisions tnereon, and henerat Remedies proposed.
2.
Obstacles from conduct of Seneschals.
3.
Number of, from Particular Courts :
i.
Belfast.
ii.
Caher.
iii.
Kilrush.
iv.
Moylinny.
4.
Opinions in favour of Appeals being tried, by Judges of Assize.
5.
Opinions in favour of Appeals being tried by Assistant Barristers.
1.
Causes of Appeals, and Decisions thereon, and General Remedies proposed: The present system of appeals is more a means of annoying a fair suitor than it is of any benefit to the appellant, Macaulay 135 Of the number lodged, very small propor¬ tion proceeded with, Macaulay 138 Defects in the present mode of appealing, Hetherington 368 The most constant cause of the reversal of seneschal's decrees lias been their inability to prove their jurisdiction, from the names of places having been changed, Cullinan 649-672 Decrees of seneschals in nine cases out of ten reversed on appeal, Cullinan 712, 713 Appeals should be tried more frequently than at present, Crawford 1848 Are often made for the purpose of vexation, Cochrane 1485 Wit¬ ness never knew an appeal to be made on the grounds of an insufficient number of jurors, Leonard 1079 Are made generally for the purpose of gaining time, Crawford 1841
An oath, and increasing costs on lodging an appeal, would be remedy for present abuses, Leonard 1252 There should be a heavy sum imposed on lodging an appeal to prevent vexatious appeals, Leonard 1206.
2.
Obstacles from conduct of Seneschals : Difficulty of prosecuting appeals against seneschals from the necessity of proving that they hold their office, Leonard 542-560 Would be more numerous if seneschals did not throw every difficulty ihey could in the way of lodging appeals, Cullinan 715, 716
Great difficulty in lodging appeals against seneschals from the obstacles they are able to throw in the way, Cullinan 762-772 Great inconvenience happens from the great distance at which appeals have to be tried, HetheringLon 389.
3.
Number of, from particular Courts :
i.
Belfast: Evidence concerning returns made to Committee from the seneschal at Belfast as to appeal cases, Hetherington 356-358 Many appeals from the manor court of Belfast, Hetherington 368 Out of 1000 cases tried at Belfast, there have not been more than five reversals on merits, Hetherington 451-458.
ii.
Caher: Very few appeals from witness's decisions; witness requires persons who lodge ap¬ peals to give security, Barry 2251.
iii, Kilrush : The seneschal of this court always throws every impediment in the way of appeals, Leonard 1146 The greatest possible facility is given to vexatious appeals, Leonard
iv.
Moylinny: Witness frequently heard of appeals from the seneschal of Moylinny to the assizes, Macaulay 57.
4.
Opinions in favour of Appeals being tried by Judges of Assize: Witness would prefer appeals being tried before judges of assize rather than quarter sessions, Crawford i860 Judges at assize have lately taken appeal cases first, to save persons expense of delay, Hetherington 415 Should be allowed, in case of transference of jurisdiction from manor courts to quarter sessions, to the judges at asaize,CwWww»8l5 Reasons why appeals should remain with the judge of assize, Barry 2258 General feeling of assistant barristers is decidedly againstf manor courts; appeals should not be transferred from judges at assize tc their jurisdiction, Barry 2256.
5.
Opinions in favour of Appeals being tried by Assistant Barristers: Suits of appeal being tried by civil bill at quarter sessions would be beneficial to all parties, both poor and rich, Hetherington 384 It would be a better regulation if appeals went to quarter sessions instead of assizes, Hetherington 375 It would be a great improvement if the trial of appeals was given to quarter sessions instead of the judge of assize, Cullman 773 It would be a very essential benefit to have appeals tried by the assistant barristers; it would be a great benefit to the poor, Leonard 1158 It would be a great convenience if the appeals from manor courts was to be given to the quarter ses¬ sions, Cochrane 1487.
See also Action on Recognizances.
Antrim.
Appeal Bonds.
Attachments.
Costs.
Manor Courts.
Process.
Quarter Sessions, Securities.
" Stag Bail."
Arbitration
