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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.
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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
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Title: [29 Dec r 1806 Omissa Representations]Description: 29 Dec r 1806 Omissa Representations Once more, what is actual is possible. Even in the Outer House, there are cases in which it has been found necessary t learned Lords to act the part of the deaf adder[?], and the learned advocate, chance he [...?] so easily, could chance in vain. The wax which forms so efficient /good/ a bar to the Syron's[?] ring in those particular cases, could more of it be found for any of the others? Again. If representations, in two series, one infinite the other finite be so necessary to justice in the Metropolis what is there that should render it less so in the Provinces. Without any special inquiry, that representation under that name or some other are heard in the Sheriff's Court, I can scarcely bring myself to doubt: principis ad [...?] unless so it should have happened that their Lordship should have thought fit to reserve that fountain of infinite wisdom for their own use /private drinking/. Still however in the Sheriff's Courts, there exists that deplorable deficiency - the want of an Outer House to elaborate and propose the matter (for that is the phrase) for the digestion of the whole[?] Sheriff: consequently if, in [...?] imperfectly organised parts of the establishment, there be any such assistance to justice as is /are/ afforded by representations after judgment passed, there can be not one set of them instead of two: unless the Sheriff Dipute[?] anxious to supply by improved wisdom /fill up from the fountain of superior wisdom/ the gaps left by original and barbrous experience, should have filled up two rooms, or in default of /two/ rooms two chairs, giving to the one nearest to the door the stile and title of the Outer, to the other that of the Inner House.
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Title: [12 May 1808 I. Reasons Ch.V]Description: 12 May 1808 I. Reasons Ch.V. Advantages §.9. Malâ fide demands ousted Judges fees the base of Justice. Let a Judge do what it will in England so to be of the 12 it is become a rule and that an inviolable one on no occasion ever to make[?] his name but not[?]/as[?] a subject of treason[?]. Censure is confined to Judges of a [...?] step to Peers Lords and Country[?] Gentlemen in the [...?] of Justice of the Prince. Applied to Scotland, the light in which this effect would be regarded would not naturally speaking be altogether so unfavourable. In the character of Members of the Inner House the Judges, at least of the Court of Session, derive not from the course[?] of suits or from the increase of the expence of suits any considerable advantage. Unfortunately there is an Outer House, the air of which is not equally pure. In the Inner/Outer[?]/ House are so many single seated judicatories as in the Inner House there are Judges, minus one. Each Judge has his Clerk, each Clerk a hand, and a hand which means fees, the fewer malâ fide suits the fewer suits, and the fewer suits the fewer fees.
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