date

29 Dec r 1806 Scotch Reform
29 Dec r 1806

Scotch Reform

To L d Grenville

Omissa

Representations

Each coming with 3' in his hand, neither with any more than 3' for the supplemental shillings which I want skill to ration up are I take for granted the same on both sides, how is our Soloman to decide? Having turned the deaf side of his countenance to the [...?] of representation for a reasonable number of times, (receiving hi 3' with the et ceteras for each) comes one at least so bad that it is no longer possible not to hear it: judgment accordingly in that side. Does[?] he at that price purchase pace and quickness: shillings, yes: pace and quickness are where are they were before. Would Your Lordship believe it such is the perversity of suitors, that when the plaintiff who had got judgment in the first instance, and who then was satisfied with it, see it reversed by the importunity[/] of the Defendant, he becomes on his part as much dissatisfied as the defendant was. He now in his [...?] is served with a fit of making Representations: no room[?] is [...?] source dry than the shillings begin and go on flowing ni by an opposite one. More than, produced by the reciprocating pressure of opposite importunities, here is a perpetual double-fountain[?] of shillings, as pretty a on as is to be found in all Hooper's or Hutton's Recreations. Thus the learned Operator /[...?]/ and Reformer sees that it is good /see, and with a creative and preserving eye/. If shillings (says he) be the fruit of importunity /importunities/, play on.
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  • Title: [Dec r 1806 Scotch Reform To]
    Description: Dec r 1806

    Scotch Reform

    To L d Grenville

    Omissa

    Repesentation

    At every step, I take, my Lord, I find myself attacked by the ridicule that attackers in the attempt to prosecute and try by the rules of justice, practices[?] that never could have recognised any such authority as that of justice: I feel a plea to the jurisdiction, opposing itself to a [...?] to every step.

    This infinity in the scenes[?] of Representations and shillings, if the scene of it lay in the Inner House, the would /might/ be a more colourable /a somewhat better-coloured/ cloak for it. Escaped out of this Court the cause will have a long way to travel /journey to take/, all the way from Edinburgh to London, good Your Lordships [...?] as one more, save[?] us so long a journey if it possible. No such thing: in the Inner House only /alone/ that it remains infinite. Dissatisfied with what has been done in the Outer House, raise your voice a little and without having a step to stir for it, you might be heard in the Inner House. One series may be found[?]: but first there must be an infinite one.

    One reason perhaps may be this. Were the longer series /Had the Inner House been the scene/ of the longer series, the task of lengthening it would have required the concurrence of the " whole Lords" which the shillings would either have been to be divided /[...?]/ into 115 parcels, or mor probably gone into some one pocket into which there was no opening but into the pocket of some one of the learned foresaids. But in the Outer House, the shillings go /fall/ in [...?] plump into the pocket of one officer called the Lord Ordinary's Clerk, through which there is a [...?...?] constantly opening into that of his master.
  • Title: [29 Dec r 1806 Scotch Reform]
    Description: 29 Dec r 1806

    Scotch Reform

    To L d Grenville

    Ommissa

    Representations

    Abuse 1. Representations boundless /in an infinite series/: After judgment pronounced in the Outer House by the Lord Ordinary, applications /representations/ praying for /insisting on/ a removal or alteration of the judgment entertained by the same individual in an endless succession, under the name of Representations.

    In the Appendix, should Your Lordship's patience [...?] so far, in a section appropriated to this very subject in a chapter inserted for the purpose of giving a few samples /in which a few samples are given/ of the corruptions /corruption/ planted in the system of judicature /truck[/] of judicature/ by the fee-gathering system, thus, as being among /presenting itself as one of/ the most facted[?] served to close the list. To the observation therein made /contained/ a closer survey directed to the judicature /judicial system/ of Scotland in particular has suggested a few additional remarks.

    In regard to the number received /listened to/ of these successive representations /[...?]/, any of which would of itself have been sufficient to constitute a reasonable abuse, I could at that time only speak in general terms. Now in the work of one of my

    Co-annotators, I observe two stated as the number which had fallen within his own observation: but that /were it[?]/ number he found an addition made by the reports of others. Not being comprized /launched/ in the authoritative collection of decisions published by the faculty of Advocates, [...?] anecdotes of this sort transpose[?] only by accident. In one and the same cause, among practisers[?] /Advocates/ it may have witnessed [...?] such representations, and B never have heard of any such thing.
  • Title: [2 Jan y 1806 Facienda IV. Inquirenda]
    Description: 2 Jan y 1806

    Facienda

    IV. Inquirenda

    Fees

    Of the eleven articles the 6 first being articles each of which is liable to occur, or rather can not avoid occurring some of these on indefinite not to say infinite number of times in every course may be not unworthy of your Lordships notice

    1. When causes are pled before the Lord Ordinary in the Outer house and taken to avisandum, each party to pay three shillings Sterling, ,0 30

    2. To be paid for every involvement in the Lord Ordinary's hand-roll, a fee of three shillings Sterling, 0,30

    3. At giving in representations, condécendences, memorials, objections, answers, replies, duplies, accounts of expenses, or any other in a cause appointed by the Lord Ordinary, there is to be paid for each paper by the party giving it in, a fee of three shillings Sterling, 0 30

    4. When objections are made to witness, or to questions put to witnesses, and advised by the Lord Ordinary in the cause, or by the Lord Ordinary upon oaths and witnesses, each party to pay a fee of three shillings Sterling 0 30

    5. When a cause is reported, each party to pay a fee of three shillings Sterling, 0 30

    6 Where avisandum is made with a prepared state, the party craving the avisandum, to pay a fee of three shilling sterling. 0 30