JB_082_197.xml

Title: [[...?] May 1808 I. Reasons]

Description: [...?] May 1808

I. Reasons

Ch. I Pleadings its Objections

§.1. Proper purpose

Ch. I. Proper Objects and contents of a System of Pleading.

§. 1. To what purposes to which a system of pleading ought to be adapted.

1. By a System of pleading I understand an aggregate mass of instruments (a) of procedure, of which the immediate component parts are the several sets of pleadings delivered to each judicatory on the occasion of the several suits (b) or causes that, in the course of a given length of time, have been therein instituted.

2. By a

set of pleadings I understand a chain or string of written instruments successively delivered in to a judicial office; having for its component links, two at the least, viz., an instrument that may be called an instrument of demand delivered in on the plaintiff's side, an instrument that may be called an instrument of defence delivered in on the defendant's side: to which may be added other such alternating instruments in a number which has no absolutely certain limits: but which of late years has very seldom, if ever, extended beyond four.

(b) (Suits) Understand of such the[?] species of suits in which this mode of altercation is in use. For there are some in which it is not: all suits, for example, which are heard and determined vivâ voce: of the which class belong, individually taken, by far the greatest number.

(a) (Instruments) Though the species of altercation denoted by the term judicial pleading, in the English sense, is not incapable of being carried on vivâ voce, having, in the early ages of English jurisprudence, been actually carried on in that mode, yet in modern practice no such altercation being carried on otherwise than in writing, as often as, without special notice, the word pleading is hereinafter mentioned a written instrument is the object that will be understood as intended to be designated by it. In Scottish procedure the word has a more extensive and less determinate signification. See ch.│ │ §. │ │

093-432.xml

Title: [27 Oct r 1807 L d Eldon's Bill]

Description: 27 Oct r 1807

L d Eldon's Bill

'.11

assembled by President

But between the printing of the two Bills, ambition had swelled in the lower /inferior/ regions, the spirit of liberality had taken possession of the upper: what you proposed for your Right Honourable principal, quoth the Lord Chancellor's learned draughtsman to the Lord President's, is a mere trifle: leave the matter to me, and see what care I take of you: every thing may be done with you, nothing at all shall ever be done without you. Thereupon he goes to work, and taking up the section as drawn by his learned co- and sub- operator re-enacts it in substance the first of the two parts which it consists of, with no other alteration than what consists in the stuffing in a quantity of surplusage, as usual from his own kitchen[?] to suit it to his own taste: Between forms and[?] of process he shifts presiding[?] and: taking out in both Chambers, he shifts in here before each of the said Divisions of the Judges respectively and before the Lords Ordinary of each respectively: then come [...?] verbis[?], and without any improvement made by superiority of station and learning, and no alteration thereof shall but by Acts of Sederunt of the whole Court: then immediately thereupon, after stuffing /interpolation/ in /of/ the favourable clause " in a quorum of nine Judges thereof, come the auspicious words copied with the most gracious fidelity, assembled by the Lord President. At the sound of these words as it were by a sudden fit of inspiration, such as genius is subject to, on he rushes giving to the Court or Quorum thus put under the power /guardianship //monarchy/ of the Lord President - the power to do everything that is to be done: "to which Court or Quorum," says he (as if by the bye) "it shall be competent to make such alterations in and regulations concerning such forms of proceeding and process, and particularly concerning the mode of conducting the Pleadings in the said Divisions or Court, and before the Ordinance, by writings or by pleadings caused on" (carried on?) " vivâ voce, as shall appear necessary or expedient ..."

JB_094_160v.xml

Title: [[094-160v] 22 Jan y 1808 Transpose]

Description: [094-160v]

22 Jan y 1808

Transpose[?]

1 [...?] contents[?]

III Contents of Part III [...?]

Powers to [...?]

II. Contents or Topics of Part II. Powers for subordinate legislation, enquiry and Initiation.

I. Sections 5,4,11 in part, and 9, are the sections occupied in giving powers ofr subordinate legislation to the Court of Session, exercisible by its present Quorum of 9, the Court sitting all together, in its undivided state.

1. In Section 5 are contained four distinguishable parts /clauses/ In[?] clause 1[?] gives them power/ is given/ to regulate the mode in which the "[...?] of ordinances" shall be performed. 2. In clause 2 power to determine "what number of Judges shall operate either separately or together in the Outer House or Bill Chamber: 3. In clause 3, power is proved "if it shall seem expedient...that some of the said Ordinary Judges shall constantly or usually perform the duties of Ordinances in the Outer House or Bill Chamber":... others ... constantly or usually officials in the Inner House: 4 clause in part 4 th. power to determine the "Rotation" in which in the Outer House and Bill Chamber these Ordinances shall officiate.

5. In Section 4 th power is given to regulate the days of sitting in the [...?] sections of the Court.

6. In Section 11 th, power is given to regulate concerning the "forms of proceeding and process and in particular the mode of conducting the pleading, as well in the Outer as of the Inner House, and whether carried on by writing or viva voce. /single-seated judicatores of the Ordinaries as in the many-seated judicatores/

7. In Section 9 th power is given to regulate concerning the remittal[?] of causes from one division to another, on the ground of a connection between cause and cause.