date

22 May 1807 Scotch Reform
22 May 1807

Scotch Reform

(4)

1. On numbers? that give[?] up

2. On superiority[?] of leaving? the ground for that[?]

1 o or 2 o

Letter V

Letter V

VI Bona fide

There remains the 1 case out of 4, in which in the Court of Review the judgment pronounced in the Court immediately below (viz. the section of the Court of Session, is reversed or modified. As to this part of the present number of Appeals I see not or what just grounds the expectation of a defalcation of any part of it can rest, the undesirable result of denial of justice by exhaustion of purse or perseverance always excepted.

Arbitration made of a supposed superiority of appropriate aptitude on the part of the members of the proposed Review Chamber as compared with the members of the several proposed sections of the existing Court of Session there can be no ground for expecting that of the parcel now in question so much as a single one would be stopped by the decision of the Court above ad quam[?], pronounced in opposition to the decision of the Court below a quâ[?]. Here is Court against Court: the ballance even: while there[?] remains a yet ulterior Court to recurr to, is it in human nature that the recourse should not be made?
Similar Items
  • Title: [28 Feb y 1807 Letter V IV.]
    Description: 28 Feb y 1807

    Letter V

    IV. Application Modes

    Removal 1. some regard to decision. 2. in consideration of decision.

    Application; made to one Court in the character of a superior Court, on the occasion of a cause commenced or proferred to be commenced in another Court, may have any one of │ │ objects.

    1. Causing a definitive judgement pronounced in the Court below to be reversed: i.e. judgement for defendant, changed to judgement for plaintiff; or judgement for plaintiff changed into judgement for defendant.

    2. Causing a definitive judgement to be modified: viz. if in favour of the planitiff. 1. by taking away something from what is given; 2. by adding something to what is given: 3. by substituting something not given to something given: 4. by annexing conditions either 1. to what is given, or 2. to the defalcation, the addition, or the substitution above-mentioned.

    3. Causing an interlocutory judgement to be reversed as above.

    4. Causing an interlocutory judgement to be modified, as above.

    N.B. All these four modes of application are comparable under the word appeal taken in its largest sense.

    5. Appeal in the case where the decision complained of was expressed by the verdict of a Jury and the object of the application is to have the cause substituted to another Jury, is called in English law Motion for a New Trial.
  • Title: [28 Feb y 1807 Letter V IV.]
    Description: 28 Feb y 1807

    Letter V

    IV. Application Modes

    7

    6. Writ of Error

    6. Appeal from a decision (called a judgement) pronounced by a Court of Common Law; in a case where nothing that has passed at the trial before the Jury is included in the subject of complaint, is called a Writ of Error.

    7. Appeal from a decision pronounced by a Court of Equity, the application being to another Court considered as a distinct as well as superior Court is called simply an appeal: so likewise is the case where the Court a quâ is a Spiritual Court or Court of Admiralty.

    8. After a definitive decision pronounced by the Judge of an Equity Court, an application addressed to that same Judge and praying an alteration in such decision, is called a Bill for a Rehearing.

    9. - if to a different Judge succeeding the former in that same Court, a Bill of Review.

    10. Causing a suit already instituted in an inferior Court to be removed into a superior Court without notice taken whether before or after judgement, definitive or interlocutory.

    To this head belong in English law the instruments called a Writ of Certiorari and a Writ of Pone: in Scotch Law, the instrument called a Bill of Advocation.

    N.B. The Writ called Certiorari is applicable to other purposes besides.
  • Title: [3 May 1807 Scotch Reform (5]
    Description: 3 May 1807

    Scotch Reform

    (5) 30

    Letter V? VI

    Letter V

    English Review Courts

    Memorial

    To discover /determine/ therefore what from the operation of the above principles [...?] be the degree of the reduction reasonably to be expected in the number of Appeals from the Court of Session to the House of Lords (and without the interposition of any Chamber of Review) let us compare the appeals withdrawn and dismissed taken together on the one hand, with the appeals affirmed, reversed and remitted, taken together on the other.

    But, forasmuch as the latest period of 3 years ending with the present year - a year not as yet brought to its conclusion would present /include/ causes of irregularity, as well in that account, as in the account of the influences that may be supposed to have been exerted, by the increase of the stagnation on appeals of both descriptions hear, and by the conception of that stagnation as entertained without doors, (in the number of bonâ fide Appeals /Appeals of both sorts.) let us take that period of three years which being at the same time [...?] enough to have passed under a Court of Session composed of the same Number as at present, shall present the greatest number of causes heard.

    This period is the three years period ending with 1804. For this period the proportions are as follows, viz.

    Malâ fide causes, 33: viz. withdrawn, 17: dismissed for not being presented, 16.

    Bonâ fide causes, viz: all the causes heard, 44: whereof

    Affirmed 28: reversed or modified, 16: viz. reversed, 9; remitted (supposed for modification) 7.