date

Dec r 1806 Evidence │ │To L d Grenville
Dec r 1806

Evidence │ │To L d Grenville

Facienda

II Inspectors Functions

1. Inspector General's Functions -

1. To receive as well from the Metropolitan as from the several Provincial Courts of those several Registration Books; above spoken of: and to propose, and annually to publish a digest or Abstract of the whole.

2. To watch over /see to/ and endeavour to preserve the conformity of the (practice and) decisions of each Court with relation to the tenor of the substantive branch of the law: and to this purpose to make note of and report whatsoever may present itself to his view in the character /as amounting to/ of a departure /discrepance/.

3. To see to the conformity of the practice of each Court to the spirit and tenor of the adjective branch of the law - the law of procedure: and at the same time to the uniformity of such practice as between Court and Court, in those /even in such/ particulars in which, under the [...?] expressly given or implicitly allowed /given/ a mutual discrepancy might take place without any departure from /disconformity to/ the tenor of the law: due regard being at the same time had to the diversity that may be rendered requisite by local circumstances.

4. To note and report any thing that upon the face of the Registers or even upon representation an extra duly authenticated, may appear to have been in the conduct or discourse of any of the Judges of the several Courts or their respective subordinates.
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  • Title: [18 Dec r 1806 Evidence │ │To L d Grenville]
    Description: 18 Dec r 1806

    Evidence │ │To L d Grenville

    Facienda

    II Inspectors Functions

    5. To see to the improvement of the law, by making note of any /all such/ facts and incidents /occurrences/ whereby any defects /deficiencies/ in the provision made by it may have been brought to light /view/: whether it be by /the deficit consists of/ a disconformity of the decision in the case in question with relation to the ends of justice it being at the same time conformable to the tenor of the existing law, or by any collateral fact that may happen to be brought to view by the Register, or when the evidence is minuted down, in the course of the evidence.

    6. On the occasion of each such proposed improvement to propose the word or words that seem proper /present themselves/ to be added, omitted or changed, for the purpose of giving expression to it.

    N.B. it will frequently happen that a single word, added omitted or changed, in a new edition, as a form of an erratum to the old, shall execute to perfection what in /under/ the present practice is executed in a most complicated and inadequate manner by a wordy Act of Parliament.
  • Title: [1 Jan y 1806 To L d Grenville]
    Description: 1 Jan y 1806

    To L d Grenville

    Facienda

    Outline

    Application of letter post[?] to judicial [...?]

    obtainable: whereas in the epistolary mode the extraction of the evidence of a man in that situation, whether in the character of party or in that of extraneous witness might be performed wheresoever and in whatsoever condition the letter of interrogation may find him, by means of the letter part or through any other channel.

    Action for example in a Sheriff's Court in Scotland: defendant witness or even Plaintiff, a prisoner at Verdun. Addressed to himself a letter of interrogation authenticated ny the Court would probably reach him: sent under cover addressed to any other person there who in the case in question could be depended upon suppose a fellow prisoner, the letter not only be received /not only might the letter be received/, but evidence sufficient to prove the receipt might thus be obtained.
  • Title: [22 Dec r 1806 To L d Gr. No]
    Description: 22 Dec r 1806

    To L d Gr.

    No English [...?] [...?] English Pleading

    No natural pleading [...?] [...?] [...?] ([...?] [...?] Plea which ever could have been [...?].

    Resolut. 5

    pleading

    On the subject of pleading, any departure from the Scotch mode in present me[?] admitts, if I apprehend the matter right, but of one alternative - blind and total adoption of the English mode, or recurrence to the natural mode. Adoption of the English mode, I have at once /at the same time/ too strong a conception of the power of prejudice, and too good opinion of Scottish taste and good sense and self-esteem /estimation/, to expect to find practicable /other than impracticable/. The Scotch Bar lawyer could than have to impart bodily the whole mass /chaos/ of our English Books of Entires, ancient and modern, with [...?] title Pleader, for a clue to it: by way of preparation for the research /study/ he would have to swallow and chew /digest/ the end upon the principle of multiplication, and the practice of fiction, [...?] species of jurisprudential turpitude in which the Scotch lawyers are but novices /almost [...?] in Scotch law/: regard for security[?] is an incumbrance of which he will have been sufficiently divested /disencumbered/ by his own forms or in forms of pleading, un der the sanction of the mendacity licence in which the [...?] on both sides are adorned in unlimited quantity, and on both sides, especially the side most in the wrong, with a studious avoidance of /religious abstinence from/ all methods in the character of undoubted /indubitable/ truths: but to finish his education, and compleat his complement /list/ of qualifications, the Scotch student will leave to come to London for law / the Scotch law student will have to come up to the imperial metropolis for jurisprudence law/, as we in London have sometimes gone to Edinburgh for physic, and unlearn whatever portion of taste and common sense his own /native[?] school may have left him (common honesty is out of the question) in the study /office/ of an English Special Pleader. I hope and trust, my Lord, I shall never have to see our brethren of Scotland reduced to such a state of degredation.