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PRIVATE
28 May 1807
+ 20 (12
Letter V
I. Plan
III. Contents of the Sequel of this letter
Since the commencement of this series of Letters, and of this individual Letter in particular, divers incidents have taken place - and in particular, the introduction of the Bill - in which the Plan announced in the Resolutions has received its development - incidents from which the quantity of the matter originally destined for this Letter has received a very considerable increase. In its present magnitude, the following are the Topics, under one or other of which the whole may be found to be included -
I. Remedies proper for prevention of malâ fide Appeals -
II. Costs - unfit for prevention of undue Appeals -
III. Prohibition of Appeals against Interlocutors - unfit as proposed -
IV. Appeal via Advocation - unfit as proposed -
V. Continuation on Appeal - unfit as proposed.
VI. English Review-Chambers - a warning to Scotland -
VII. Lord's Appeal Accounts, their deficiencies - a partial supply -
VIII. English Review Chambers - how far likely to be copied -
IX. Reformer's Plan -its unfitness in relation to bonâ fide Appeals -
X. Proper remedies, why put aside.
Similar Items
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Title: [2 May 1807 D2 (2) 11]Description: 2 May 1807 D2 (2) 11 Letter V VIII. Appeal list mutilated III. Uses malâ fide properly indicated This explanation premised, in the three English existing Chambers of Review, taken together for and during the three-years period abovementioned, in numbers and proportions, as concerning malâ fide and bonâ fide Appeals, the account stands thus: not argued, i.e. all malâ fide Appeals, 1,780: argued, i.e. most of them probably all of them possibly bonâ fide Appeals, 20: malâ to bonâ fide, exactly as 89 to 1.
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Title: [PRIVATE 25 May 1807 + 1 1]Description: PRIVATE 25 May 1807 + 1 1(9 Letter V Plan III. J.B. Remedies The remedies held out by this part of the learned Reformers plan being thus, in my view of them, throughout inapposite and in the whole inadequate, pregnant moreover with additional mischief rather than relief, the next task, {but for which I should hardly have engaged in a research so unpleasant as this introductory one, was to find out, if possible, remedies of better promise. One conclusion has been - that a marked and easily discernible distinction exists between malâ fide appeals, and bonâ fide Appeals:- in regard to malâ fide appeals, the desirable result is compleat prevention: and that such prevention may be accomplished without any such institution as the proposed intermediate Chamber of Review:- that in regard to bonâ fide Appeals, whether it be probable or not probable} it is not desirable, that such as would come from the Court of Session, should be prevented from coming, under the cognizance of the House of Lords:- that the sort of cognizance which at present the House professes to take is - besides its being in its mode of operation, inadequate to the ends of justice, and to the effectual support of the House of Lords in the station it occupies in the government is (I say) such, as in respect of the quantity of time requisite the House lies under a physical incapacity of continuing to take, as heretofore: that under this incapacity it would still continue to labour, even although the present habitual number of bonâ fide Appeals from Scotland to the House were to be diminished in any proportion that the learned Reformer would undertake to name:-
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Title: [PRIVATE 1 June 1807 Letter]Description: PRIVATE 1 June 1807 Letter V III. Proper Remedies I. Solvent knave[?] III. Proper Remedies against malâ fide Appeals What is above applies to factitious delay, employed for the encouragement of malâ fide litigation on both sides of the cause, and in all its stages - for the propagation of the breed of malâ fide litigants and especially malâ fide defendants in all their successive states. The stage here in question - the only stage directly in question - is that of appeal: the only state in which on the present occasion the malâ fide defendant comes directly under consideration, is that of malâ fide appellant.
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