date

24 Dec r 1806 Scotch Reform To L d
24 Dec r 1806

Scotch Reform To L d Grenville 11(9

Resolut. 10

Advocate Suspension

By this system of compleat and perpetual explanation, regularly and promptly certified to the superordinate Court (a copy taken without additional or at least without double labour by any one of the ingenious devices in modern use does the business to perfection and almost without expence) by this notification with appropriate publication (all profit by delay being moreover take [...?] a remedy without which all others put together will be of little value) all arbitrary power of creating under delay promises to be done away /extinguished/: if not compleatly, at any rate to [...?] a degree as the nature of men and things admitts of.

To second however the operation of this moral remedy /[...?] and new[?] reformed/ the obvious strict and legal remedies must not be omitted. application to the superordinate Court for an order to the superordinate, requiring it to proceed, as to the cause why it does not proceed to Judgment: complaint against the Judge for not having proceeded at the time when he ought to have proceeded. Complaint against the Judge in the score of a false entry in the Register (a false assertion in regard to the matter of fact) complaint against him for delay founded without sufficient grounds in the matter of fact asserted in the entry, supposing it ture /taking it for true/. (of course no such complaint to be made to the superordinate without previous notice to the subordinate Judge) power to the plaintiff to insist upon a judgment repelling his demand in toto as pro tanto as the superordinate Judge thonks fit, for the purpos of having a judgment to appeal from to the superordinate.
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  • Title: [24 Dec r 1806 Scotch Reform To L d]
    Description: 24 Dec r 1806

    Scotch Reform To L d Grenville

    2 14(12

    Resolution 10

    Advocate Suspension

    Supposing /Let/ undue delay to have been the shape in which the misconduct in the part of the Court below has manifested itself, suppose further that the order to proceed to proceed to judgment within a time therein assigned has been productive of /followed by/ nothing but contumacy or negligence advocation in that case remains the necessary and only remedy: by the Court by which it /Justice/ ought to have been administered in the first instance, it has not been - and to all appearance is not in /about/ a way to be administered: if administered at all it must therefore be administered by some other Court: by the superordinate Court above, or by appointment of that Court by some other subordinate Court to it.
  • Title: [24 Dec r 1806 Scotch Reform To L d]
    Description: 24 Dec r 1806

    Scotch Reform To L d Grenville

    Resolut. 10

    Advocation suspension

    On the part of a subordinate Court, a cause brought before it, either the cause comes within its cognizance or it does not: if it does not, let the conduct of the Judge be ever so irreproachable /free from misconduct/ in other respects misconduct is exemplified in the very first act done by him in it: [...?] misconduct is exemplified in every succeeding act. For this species of misconduct, [...?] of jurisdiction is the [...?]: prohibitionwith or without punishment the proper remedy

    When on the ground of misconduct on the part of an inferior /a subordinate/ Court, having cognizance of the cause the [...?] of a superordinate Court is remarked[?] to for relief in respect in any of the main points in question in the cause, the alledged misconduct will have been considered as having displayed itself in one or other of these shapes: misdecision denial of justice, or delay. Vexation may indeed be another ground of complaint: and in misconduct of this description not only /it may be the/ parties but third persons of any description and in any number to be comprized. But as nothing /no practice [...?]/ can be done by a Court of Justice /in the way of judicature/, nothing can be done, which may not with propriety be considered as [...?] from /done by/ a decision to that effect, vexation so far as [...?] may in this point of view be considered as comprehended under the term misdecision: misdecision in regard to some part which is not among /of the number of/ the main points in the cause.

    Misdecision supposes the cause already commences and entertained: commenced by the Plff, entertained by the Judge: it may be in /its operation may be to the/ prejudice of the Plff in toto, as by a rejection /complaint/ of his demand in toto: to the prejudice of the defendant in toto, as by a complete compliance with the demand, to the prejudice of the Plff in part by a not sufficiently extensive compliance with the demand, or to the prejudice of the defendant in part, by a too extensive complicance with the demand.
  • Title: [[...?] 1806 Scotch Reform To L d Grenville]
    Description: [...?] 1806

    Scotch Reform To L d Grenville 13(11

    Resolut. 10

    Advocate suspension

    In addition to Appeal, or in lieu of Appeal, the practice of the Court of Session, as attended to in this Resolution (resolution the 10 th) admitts of two other modes of Removal - Advocation and Suspension.

    As to Advocation, considered as a remedy against misdecision what can be the use of it?

    1. Is it no /Let it be/ the instance of the Plaintiff that the superordinate Court is aplied /urged/ to take the cause out of the hands of the subordinate Court? - But why? What possible reason /ground in part[?] of/ can there be for it? Decision none, misdecision is impossible. What were the grounds for committing the cognizance of the cause to the subordinate Court, the Court wtin reach /a moderate distance/ of the abodes of the parties? saving of delay, vexation and expence. For what reason should an [...?] of all the mass of inconvenience be produced at the requisition of either party /side of the parties/. Can it be /is[?] application[?]/ productive of any other effect. can it have had any other object, than the [...?] of all that mass of collateral inconvenience in a word than the opposition of the party on the other side.

    Oh, but, partiality was expected /suspected/ - was even experienced. In the present case The mischief by the supposition of it take place at all it will be in the shape of misdecision, of mere misdecision without delay: wait then for the decision, if it be erroneous there is time to apply for removal: if not erroneous, then there is no ground for it. But if not till after decision removal is not advocation but Appeal.