United Kingdom House of Lords Decisions

Lord Chancellor.—My Lords, there can be no doubt whatever as to the proper mode of proceeding in this case. When your Lordships made the order directing that the parties should be examined upon oath, your Lordships meant that they should both be examined, or neither. It would be unjust to examine one of them, without both being examined. But two of the parties intended to be examined are dead. This was a fact unknown at the time of your Lordships' order. I have conversed with my noble and learned friend who attended the hearing of the cause upon the subject, and know his opinion; and I will now move your Lordships that the clerk of the House do strike out the direction to examine the parties.