093-234.xml

Title: [28[?] July 1806 │ │ Old Scotch Reform]

Description: 28[?] July 1806 │ │ Old

Scotch Reform - Lett to L d Grenville

Facienda

Lett │ │ Facienda

p-

1. Salaries instead of fees. │ │ I shall not trouble your Lordship in this place with the reasons /For the Reasons, I beg leave in this [...?] to refer your Lordship ot the Appendix/. In the mode of /for/ payment by fees In the practice of receiving fees your Lordship if I am not much mistaken will there find the chief if not the only cause of all the evils by which the demand has been created for the now proposed remedy.

Not that the abolition of fees will /be of/ itself be sufficient for the care: but only that whatever other remedies the cure may be demand[?], this is one that can not be dispensed with.

093-133.xml

Title: [Dec r 1806 Scotch Reform │ │ To L]

Description: Dec r 1806

Scotch Reform │ │ To L d Grenville

Facienda

II. Registration

 therefore this to Facienda[?]

Your L dp will smile to find an inquiry

The smile will rise to laughter when

It will be no bad joke after [...?] when L d Erskine will be thinking of a Committee for me[?] alone[?] &c

For the purpose /On the occasion/ of the work part of which is designed to accompany this my humble address in the character of an appendix, as well as for the purpose /on the occasion/ of other works, occasion had presented itself for considering the subject of judicial registration

Descriptions of persons to whose situation with relation to whose situation the entries[?] in question may be matter of necessity or use - Parties, Representatives and other persons connected with the parties by any special tie - third person (individuals) at large - the judge and the legislator.

Purposes with reference to which it may be matter of useful /informative/ instruction to the legislator, to have the faculty of /it in his power to/ making himself acquainted with the facts /constituting the subject matter of the entries/ to be registered: notice of the quantity of delay, vexation and expence (vexation in all its different shapes and to the different descriptions of persons exposed to it from this source) produced in the course of each individual suit, and by what causes the influence, for the purpose of confining in each species of suit the quantity of collateral inconvenience within its narrowest bounds: nature of the evidence produced, and of the evidence of any rejected with the grounds of the rejection: for the purposes of offering /presenting throughout/ to the eye of the legislator a comprehensive and distinct view of the deception /design/ /probability/ and thence of misdecision as well as vexation in each case to the admission or the exclusion given to this evidence.

093-236.xml

Title: [28 July 1806 Scotch Reform]

Description: 28 July 1806

Scotch Reform

Facienda

3. Of the great Courts to be built out of the materials of the existing Court of Session, one to be a Court of Natural Procedure: judging as fully explained in the Appendix on Courts, in the manner of the Scotch Small Debts Courts, the English Courts of Conscience; in criminali[?] in the manner of a Justice of Peace acting out of General Sessions.

Yet a Court of Natural Procedure permitt in, my Lords to call only that characteristic name.

Already does Scotland throughout her whole extent enjoy the benefit of those Courts: the features of natural procedure with little exception, the ruling features[?]: parties essentially present, each examining the other, (each speaking from first to last on oath) lawyers essentially absent: causes of all sorts cognizable without exception, so as the value in demand exceed not /demand of money or moneys worth/ ,5. No written allegations not upon oath, not subject to cross-examination in a word no pleadings as in England.

So good this already much as it still falls short of what might be done in the same spirit, that Scotland, notwithstanding that load of abuse which is now calling and waiting for a remedy may still be regarded by England with just envy[?]: for the outlawry under which the great majority of the good people of England are born and die, has actually for those four years been revised in Scotland.