date

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

Scotch Reform To L d Grenville

(7

Resolut. 14

Costs

Accidents apart Setting aside those factitious chances given to malâ fide in favour of injustice on the plaintiff's side given to malâ fide plaintiff by the technical system such as the chance of deterring him[?] (by factitious vexation and expence) or cheating him who should have been [...?] from defending himself, or by factitious delay keeping the cause in pendency[?] till his evidence has perished /is given/, a plaintiff can not have had any inducement /motive/ for commencing the cause /instituting his demand/ without a persuasion of its being well founded in point of justice. But to engage a man to resist the demand in the character of defendant - and resist it to the very utmost, no such persuasion is at all necessary. To be already in a state of insolvency? the longer he can stave off compliance with the demand, the longer he continues in the enjoyment of his [...?] affluence to feed[?] and falter upon the enemy. Is he solvent? he protects[?] at any rate (I mean under the advantage given him in that respect by the technical system) he protects at any rate the interest of the monet, and in the mean time takes the benefit of the chapter of accidents: death of the Plff deposition of the Plffs evidence, and so forth.

By the bare presumption created /raised/ by bare possession at the time legislators in general hold themselves justified in giving the provisional possession to him who has this plan to plead for it. The presumption created by the decision of a competant Judge - the presumption of it is to be as one[?] that has been created by actual investigation wills a person in that commanding station to answer for it - is /should/ it not /it not be decreed/ so much as equal to the presumption created by mere[?] occupancy on the part of an individual - an individual taken at large?

Before and untill decision pronounced in the Court below, the defendant a person taken at large - [...?] to any Court - has had - had of necessity (unless precautionary measures of sufficient promptitude[?] be allowed to be taken in the first instance in[?] the [...?] [...?] application of the Plff), all that [...?] to do whatsoever mischief could be done by the [...?], upon and after due inquiry, both parties are become known to the competant Judge, shall it not be in the power of the Judge to say which of /[...?] in the hands of/ them the thing or[?] person may be trusted with least danger, which the fate /[...?]/ of it awaits the decision of the Court above?
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    Description: 9 Feb y 1807

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