date

18 Dec r 1806 Evidence │ │To L d Grenville
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.
Similar Items
  • Title: [Dec r 1806 Evidence │ │To L d Grenville]
    Description: 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.
  • Title: [25 Dec r 1806 Evidence On L d Grenville]
    Description: 25 Dec r 1806

    Evidence On L d Grenville's /Eldon's Bill

    In the plan in question, it has been my fortune my Lord to see exactly that sort of character which the situation /position/ of the [...?] and Contents has[?] pointed out, as above, as being [...?] to the principles /congenial to its source/ known unchangeable principles of human nature. The interest of the non-lawyer /[...?]/, so far as the interest of the lawyer was found to coincide with it, consulted and [...?]: but at that point in the truck[?] of repose[?] the plan stops: when to benefit any further the interest of the non-lawyer a [...?] to any considerable amount[?] would have [...?] to be made from the advantage of the lawyer, then[?], of [...?] as was to have been expected, the [...?] of improvement stops, and the intent of the non-lawyer, that is of the great body of the nation is interned[?].

    In a word what room can there be for doubt - open the book of experience. Look to the regulation of it. Look to the regulations of [...?] of the same[?] [...?]. The same field cultivated by the same /[...?] travelled[?] over by the same/ sort of hands, loking to the same ends. A hundred and

    │ │ years in the vinyard field, for two or three years in peasantry[?], serve[?] then in diggin round and prunin, and the fruit brought in that sort and degree of perfection which has produced a demand for the /the opportunity of calling for the like skill and/ like industry to be deployed by the [...?] hands.

    The precedent serves /has served/ as a warrant /as a warrant fo renewing the work/: and with equal propriety it may serve as a sample: as a sample of what the work, the same renewed work may be expected to be when done.
  • Title: [20 Dec r 1806 Evidence To L d Grenville]
    Description: 20 Dec r 1806

    Evidence To L d Grenville

    1 Proposition

    Letter 1 st

    As in the production of the evils /those necessary vices/ opposite to the ends of justice no exact calculation could be made, no exact adjustment of the quantity of abuses manufactured /created/ to the quantity of profit and undue ease for the sale of which it was manufactured /created/, it would sometimes happen that a quantity of superfluous abuse would be produced, such as might be cleared away without any diminuation in the advantage flowing from the aggregate mass into the lap of the man of law.

    In Scotland, so it has happened /it seems,/ this overplay[?] of abuse has swelled to a degree of enormity which perhaps has not equal any where /to which no parallel perhaps any where, certainly not even in England /would try to be found./

    This surplus it is altogether in /not out of/ the order of things that a lawyer should be found to propose the cutting off, if by the cutting it off he should in any shape be a gainer: it is not out of the order of things that in the extirpation of it the whole body of lawyers should be disposed to acquiesence[?], if in the consequences of the operation it should happen to them to see what howsoever could scarcely happen to them to see no danger of loss at all in any shape, or non but what found in the per contra prospect of advantage, an adequate counter-balance.