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[...?] Dec r 1806
Scotch Reform To L d 1806 + (1
Resolut. 15
Extracts
Resolution 15 th: That all Extracts, in every Court, Superior and inferior, be abolished or diminished, as far as it shall be found possible; and that for the execution of any decree of appealing therefrom, it shall in all Cases be sufficient that there be an Exemplification, signed by the Clerk of Court, containing the Summons, Petition, or other Writ by which the Cause was brought into Court, together with the Defence, and the different Interlocutors, and final Judgement of the Court, with such other Parts of the Proceedings only as it may be found indispensably necessary to include in such Exemplification
To the principlee of this resolution considered as declaration of in general terms of the [...?] of the House of Lords for the abolition of the extortion practised on this ground there can be nothing to be said but in the way of eulogy /applause and gratitude/: of the degree of efficiency likely /intended/ to be given to it by the local operators, suspicious persons themselves are presented even upon the face of it.
Extraction of the deceit, my Lord, it may or may not have fallen in your Lordships way to observe is from an [...?] of the French School: It /the practise which is as much as to say the extortion/ sprang up in the original Roman School: it swelled like an avalanche in its passage from Rome to Edinburgh by way of /viâ/ Paris. In France The power of adding distress to distress, at the will of the practicers[?], under the notice of administering justice, was, we all know /as every body knows/ an object of public sale: for extorting the money /matter of extortion/ out of the pockets of the suitor, French Judges, like /as well as/ English and Scotch had many engines /[...?]-[...?]/ but this was the most productive.
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Title: [[094-299v] 5 June 1806 Evidence]Description: [094-299v] 5 June 1806 Evidence Exclusion [...?] Ch. Disregarding [...?] '. 2 Uses Repugnant to the ends of justice fixation of this[?] head were proportionably subservient to the ends of judicature. What these [...?] require is 1: that times be fixed for everything /fixation of time be as numerous as possible/: 2. that the intervals shall be as long as possible. I. Fixations numerous? to what use? - To these uses 1. The length /time/ of time they allowed would /will/ in every instance be either too long or too short. If too long, it makes so much delay, of the uses of which presently. Too short, application must be made to the Court for lengthening it:- so much business made. 3. If circumstances require or allow the application to be opposed, so much the better. This makes a cause within a cause: commonly an appointment budget of evidence: at the worst an argument: - so much more made business. II. Intervals long? - to what use? - to these uses. 1. The longer the intervals between the sitting and sitting, so much the more holiday time for the Judge and his subordinates. In /Taking/ the whole year round, the number of days looked upon as /which upon calculation were supposed/ necessary and sufficient for the gathering in the fee-harvest, determined the number of days that were to be allotted to judicature. Here we have /In this may be seen //See here/ the principle of arrangement in regard to terms and accounts[?]. 2. If in an interval between sitting and sitting, any thing were done in any way to the furtherance of justice, this made a portance[?] for extra fees. An instrument of extortion was thus made out of the delay: and the longer the delay, the [...?] the instrument. The Judge neglects, wilfully neglects, his own duty: /out of this/ this very neglect he extracts profit /of his own he converts into a source of profit/. He committs[?] [...?...?]; he takes advantage of it: himself /that would be/ be [...?...?] it he [...?] the [...?] for it. 3. The guardian of delay manufactured in the course of the cause /is in the compound ratio of a [...?] depends in the first place/ depended upon the number of receptive operators, and upon /of/ the length of the interval between each. But upon the length of the delay /of the delays/ that [...?...?] at any given point of time depends on half of the advantage obtainable by the force and virtue of the principle of nullification: viz.: the advantage reaped from it in the case where the death of the existing suit gives birth to a secondary suit or suits. The greater the length of delay, the greater the encouragement to [...?] by/ the iniquitous suitor /is [...?]/ to call for the application of this /that/ useful principle. In [...?]
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