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15 Feb y 1808 IV. Appeal vice Sufficient
15 Feb y 1808

IV. Appeal vice Sufficient

In the Court of Justiciary, sitting or rather riding on the Circuit - one of [...?] ambulatory judicatories in /out of/ which justice is scattered among suitors as /decisions are thrown out of the window like/ half time [...?] beggars as the great man is travelling past[?], those factitious delays are not made, forasmuch as for want of time and [...?] it is impossible they should be made.

If in the mode /course/ of Appeal pursued in the Bill Chamber there be any thing really conducive to any of the purposes of justice, the House unprovided as it is destitute as it is of a Bill Chamber, is an imperfect edifice, and a manufactory of delay, under that name and for that purpose a manufactory of delay ought to be added with all speed[?].

In the appellate jurisdiction given of the Court of Justiciary, the want /imperfection/ of a Bill Chamber may stand excused by the precipitation attached to ambulatory judicature, and abound for in some measure by extending to the /the extension given of/ faculty of appeal to suits which otherwise would have remained inevitably /unavowedly/ destitute of that advantage.

But the House of Lords not being upon wheels the want of a Bill Chamber attracted to that imperial judicatory can no otherwise be defended than by suppozing and assuming what will be found to be the truth, that the circumstances whereby the mode of procedure pursued in the Edinburgh Bill Chamber differ in this respect from the mode pursued in the superior appellate judicatory compose all together a mass of pure evil opposite to the several ends of justice.
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  • Title: [15 Feb y 1808 IV. Appeal vice Sufficient]
    Description: 15 Feb y 1808

    IV. Appeal vice Sufficient

    Between the mode of appeal pursued in the House of Lords, the mode pursued in the ambulatory /travelling/ Court of Justiciary, and the mode pursued in the case of appeal from Justices of the Peace acting out of Sessions to Magistrates of the same order sitting /collected/ together in those many seated judicatories there may be this or that circumstance /feature/ of difference ought be discoverable, and in the least imperfect of the three room for amendment might perhaps be found. /[...?] Appeals from Sessions to B.R[?]?/ But so inconsiderable in comparison are these three modes from one another, and so wide is the difference between each of them and the mode pursued under the names of suspension and advocation in the Edinburgh Bill Chamber that in comparison of the worst[?] ordered mode that [...?] bore the name of appeal every thing pretended known by the name of Advocation or Suspension may (I mean in the case where the scene /seat/ of the operation is a superordinate not an immediate judicatory) /or put them in a hole[?]/ without prejudice to justice be fished up as an unexampled nuisance.
  • Title: [Feb y 1808 IV. Appeal vice Sufficient]
    Description: Feb y 1808

    IV. Appeal vice Sufficient

    Another result derived from /regulation following in course/, if not already included in the foregoing ones, is the abolition of the process of advocation and suspension in as far as they serve as [...?] to appellation of which they are but circuitous [...?]: abolition in a word once more of that mass of factitious delay vexation and expence of which the Bill Chamber is the manufactury and the source /the sale shop and the warehouse/.

    Appeal marks the mode /course/ of proceeding - /[...?] //observed[?]/ the series of operations performed and instruments exhibited, in recurring to the justice of the /demanding remedy against subordinate injustice at the two of the/ House of Lords. Appeal is /marks/ the mode of proceeding observed /pursued/ in demanding justice /like remedy/ at the bar /head/ of that detachment of the Court of Session which is termed the Court of Justiciary, and which whole in its [...?] adds to its immediate jurisdiction in criminal cases, an appellate jurisdiction in cases called civil, where the sum of ,12 sets the limits to the value /is the limit of the value in dispatch/.

    In the House of Lords, though a sedentary tribunal the mode /course/ of appellation has none of these circuitous[?], and [...?] and [...?] which characterise /distinguish/ and now[?] consigned to [...?] inferring the operation of the Bill Chamber: of the delays which form the subject of such [...?] and such [...?] ineffectual compleat in that highest seat of judicature, no to speak of justice the cause is as well known of a complexion altogether different.
  • Title: [14 Feb y 1808 III. No Bill Chamber]
    Description: 14 Feb y 1808

    III. No Bill Chamber

    Those regulations established, another simplification which if consistency were regarded would be a necessary consequence of those former ones would be the shutting up of that appellate /intermediate/ judicatory which at present intercepts causes in their way from the [...?] Courts of every description to the Inner House of the Court of Session: in a word the shutting up that manufactory of useless factitious delay vexation and expence - the Bill-Chamber.

    Appeal under whatsoever name would then go for example from the several Sheriffs Courts all over the kingdom to the Inner House.

    If between the immediate single-seated judicatory of Lord Ordinary, and the appellate judicatory of the Inner House there be no need of any intermediate judicatory, as little and can there be between the immediate judicatory of the Sheriff Depute, and the same superordinate appellate judicatory: in specie and individuality the same in both case no reason can be assigned why on either side of the cause, in the [...?] or the Defendants, a litigant should be confined in his course to two stages, at his pleasure.

    In the metropolis Edinburgh, different or not in official name and title /rank and salary, the Sheriff in function, and in respect of proximity logical as well as topographical, to the supreme natural judicatory the Sheriff would not be upon the [...?] different from a Lord Ordinary: He would not; and why should he?