date

24 Dec r 1806 Scotch Reform To L d
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.
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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

    3 15(13

    Resolut. 10

    Advocate suspension

    As to suspension, it is upon the face of it so much pure injustice. Delay and nothing more /beyond/ is the professed /avowed/ object of it delay and nothing more /beyond/ is the declared effect.

    By suspension, advocation is pre-supposed: in suspension, advocation is included: at the instance of one of the parties, the superordinate Court takes the cause out of the hands of the /its/ subordinate. For what purpose? That nothing may be done in the cause by either of them, or by any Court: that delay and nothing but delay may be the consequence.
  • 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: [Dec r 1806 6 + Scotch Reform To L]
    Description: Dec r 1806

    6 + Scotch Reform To L d Grenville

    Resolut. 10

    "Resolution the 10 th. That when a Party in any Court the decrees of which are subject to be reviewed by the Court of Session, shall be disatisfied with any judgement of such Court, he shall be at liberty, instead of proceeding by the present mode of advocation or suspension, to enter an appeal to the Court of Session after the mode and form by which decrees of inferior Courts are brought under the review of the Lords of Justiciary on the Circuit, with the exception of such cases as, for the sake of the dispatch of justice or otherwise, it may be found necessary to except, and for which cases particular regulations may hereafter be provided."