date

1 Feb y 1807 11? 12? Letter
1 Feb y 1807

11? 12?

Letter II

Now then, my Lord, with your Lordships leave let us see the effect of the principle of competition as applied in such perfection -applied to all these the chambers - its effect I mean, as contrasted /compared/with that of the rival principle of /aw of/ money, money in the shape of fees.

A Representation in Scotch law is in one of its sense at least an application made to a Judge after decision pronounced by him, importuning him to receive or alter it, a sort of application, the existence of which, with us[?], when judicature /system/ is so far forth as concerns the principle of composition[?], taken as the model is so excellent with us[?], among our Common Law Judges at least, would almost find a difficulty in gaining[?] evidence. In the experience of a learned gentlemen known, who [...?] it, two of these representions, one after another, with their just intervals of delay, more in an unlimited number mentioned as the way of allusion by the same competent witness have [...?] one another in one suit: and to such a pitch has the practice swelled that the infinite multitude of these representation thus admitted, and the infinite quantity of the delay thus generated has become a grievance so notorious as not to have been disabled[?] in any of the books of practice.
Similar Items
  • Title: [1 [...?] 1807 (11) 18 Letter]
    Description: 1 [...?] 1807

    (11) 18

    Letter V

    II. Litigation

    46

    III. Delay

    The whole force of the artist's ingenuity having been expended in the manufactory of irreproachable uncertainty and delay clear if possible of reproach to the manufacturers.

    4. Delay:- contrivances employed by Judge and C o for the promotion of it.

    As to the instruments employed for the manufacture any regular enumeration of them would in this plan be superfluous. The principle and most efficient of them may be seen among the 20 devices enumerated in the first of this series of Letters: and again with additions, making 28 in the whole, and exemplifications, in the Table the 3 d of the Delay and Complication Tables here to annext.

    The corresponding counter-arrangements proper to be taken by the legislator for the prevention of these several delays being so plainly indicated either expressly in Letter the 1 st in company with the several devices, or by the very nature and description of the device in each instance, it seemed unncessary in this plan to give a separate enumeration of them.

    1. Exclusion of parties, from first to last, from the presence of the Judge - 2. Abuse of writing - 3. Tribunals put out of reach - 4. Blind fixation of times - 5. Sittings at long intervals - intervals of denial of justice as between Term and Term, between Circuit and Circuit. 6. Bandying the cause, on a variety of occasions and pretences, from Court to Court - 7. Decision in the first instance without thought and upon principles purely mechanical, to make occasions and pretences for applying the principle of nullification, and to make ground for future contingent applications and decision, with human reason, taken now for the first time as a guide - 8. principle of nullification - an engine equally applicable to the manufacture of injustice in both shapes, misdecision ( frequent misdecision, whence uncertainty) and delay - 9. Mendacity-licence, the source of assertions, replies and counter-assertions, rendered by the abuse of writing, in length and number alike infinite - 10. Means of securing forthcomingness, subjected to endless diversifications, with consequent contingent failures, and repetitions;- forthcomingness, whether on the part of persons or things - person as parties or witnesses - things, as sources of evidence, or parcel of the matter of satisfaction and subject of demand - 11. Chicaneries in regard to notice, with consequent failures and repetitions - 12. Asylums local and chronological, with consequent delay so long as the object of [the] search continues to elude it - An enumeration thus brief may for the moment save the trouble of reference.
  • Title: [6 Jan y 1807 Facienda Outline]
    Description: 6 Jan y 1807

    Facienda

    Outline

    Appeal & Jury

    On view of the Verdict given, on the occasion of any such Trial ordered by the Metropolitan Court of Appeal, together with the Minutes of the Trial power, to the Court to declare the Judgment final, on the principle of the perpetual Injunction granted by the English Courts of Equity.

    N.B. The question how far after a judgement already pronounced the case of any Court shall be open to applications for reversal or modification requires to be settled upon all comprehensive principles - comprehending demands of all sorts. The perpetual Injunction above mentioned is a technical /technically manufactured/ remedy to a technically produced /generated/ /begotten/ inconvenience. In general judgment except in case of appeal /arrest of judgement/, or writ of error, is conclusive on both parties; admitting no fresh action, (unless the useless and abusive action in lieu of execution in that same judgement) for the same cause. Hence it is that in general there is no room for application for perpetual injunction here[?] in general no ground to operate upon. In the fictitious action at Common Law employed for trying titles to property in immoveables (ejectment) one of the consequences is that fresh and fresh actions may be brought by the losing party in each instance to the end of time. Abuse infinite, remedy an enormous grievance.
  • Title: [27 Feb y 1807 (5 Letter V]
    Description: 27 Feb y 1807

    (5

    Letter V

    Resolut. 10, 11, 12, 13, 14

    4 th. That as to Resolution 13 th, inhibiting Appeals to the House of Lords from interlocutory judgments, not excepting those from the Chamber of Review, the inhibition it imparts is inconsistent with the very principle of appeal, and can not be defended on any other ground than that the supreme appellate jurisdiction of the House of Lords is unnecessary in toto, as well in its application to final judgments as in its application to interlocutory ones:- for that the distinction between an interlocutory and a final judgment is not in its nature so fixed and determinate, but that the effect of a final judgment may be given to an interlocutory one.