pearance could be made by a solicitor, attorney, or even an attorney in fact, 
for this was a detail of no moment. Here the Privy Council seems to have 
followed the practice of King's Bench in writ of error proceedings. That court 
required only that plaintiff in error produce the record of the scire facias ad 
audiendum, the sheriff's return, and an entry of the defendant's default before 
allowing motion for judgment. 28 The showing respecting the scire facias 
corresponds with the Council's requirement of proof of summons. No default 
entries, however, were essential at Whitehall. 
The weakness of the conciliar system appears in the delays attendant upon 
securing a hearing, in the infrequency with which appeals were actually heard 
at times appointed. To remedy this defect the Committee at various times 
issued several standing orders. In January, 1727/8, the Committee took notice 
that its meetings had been frequently postponed for want of counsel to attend, 
whereby great delays had arisen in causes depending before them, to the obstruction 
of justice and to the detriment of suitors. It was therefore ordered 
that when a day should be appointed to hear any appeals or complaints from 
the plantations or from the Channel Islands or any other causes, want of 
counsel should not be allowed as a reason for deferring such hearing. 27 In 
April, 1746, the Committee ordered that when appeals or other causes were 
set down for hearing before it, the party at whose request the appeal or cause 
was set down should be in readiness to be heard whenever a day was appointed 
28 In July, 1751, the Committee added that when appeals or causes 
should have been set down on the list of business for hearing, they should 
be heard in the order set down without any further notice or direction of the 
Committee for that purpose. 29 
Finally, in June, 1774, the Committee, for better facilitating the dispatch of 
plantation and other causes depending before it, ordered that certain days 
should be considered as standing days for hearing such causes. No cause was 
to be heard on these appointed days except such as had been set down and due 
notice thereof had been given to the opposite party on or before the Committee 
sittings in the preceding term. When appeals were set down for hearing, 
parties or their solicitors were to deliver into the Council Office their printed 
cases at least one week antecedent to the day on which the appeals were intended 
to be heard. In case of neglect by a party to deliver as directed, the 
16 2 Tidd, Practice of King's Bench, 1 172. 
i 73 APC, Col, #142. 
entered an appearance or made application 
for dismissal for nonprosecution. However, 
respondent's right to raise the question of 
laches was reserved to the hearing of the 
appeal (PC 2/107/398). 
28 4 APC, Col., #23. 
29 Ibid.