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17 July 1807
Scotch Reform
(2) 19
2 o
Letter V
Ch.3. Bonâ fide Appeals
§. Review Chamber not better than Session
1. Is it on the score of the number of seats? The supreme judicature, the House of Lords excepted, in which such simplicity is impossible, Reason and Experience if the minute I have ventured to take of their judgment be correct, join in the decision in favour of number one: what in the character of an argumentum ad hominum[?] is much stronger in the learned Reformer's own plan the present number 15 is objected to as excessive, and as the trisection of that number is preferred to the bisection of it, not only 8 or 7 are preferred to 15, but 5 to 8 or 7.
2. Is it on the score of appropriate learning and practice as presumed from experience? Is it of the essence of the plan to committ the power of reversing or modifying a decision pronounced by those whose quantum of appropriate experience and practice stands at the highest pitch to those whose quantum of those endowments stands at some inferior pitch.
The Lord Chief Baron of the Court of Exchequer, (Bill p. 1o.[?]) has been conversant throughout the whole of his judicial life with the business of the Court of Exchequer. From this Court the practice of which is so perfectly familiar to him he is to pay occasional visits to another Court for the purpose of pronouncing whether a branch of jurisdiction with which at his first visit he has no acquaintance at all, and on each successive visit less than any of his Colleagues, has been rightly exercised by those whose experience in it is so much greater than his own.
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Title: [1 Feb y 1807 11? 12? Letter]Description: 1 Feb y 1807 11? 12? Letter II Now then, my Lord, with your Lordships leave let us see the effect of the principle of competition as applied in such perfection -applied to all these the chambers - its effect I mean, as contrasted /compared/with that of the rival principle of /aw of/ money, money in the shape of fees. A Representation in Scotch law is in one of its sense at least an application made to a Judge after decision pronounced by him, importuning him to receive or alter it, a sort of application, the existence of which, with us[?], when judicature /system/ is so far forth as concerns the principle of composition[?], taken as the model is so excellent with us[?], among our Common Law Judges at least, would almost find a difficulty in gaining[?] evidence. In the experience of a learned gentlemen known, who [...?] it, two of these representions, one after another, with their just intervals of delay, more in an unlimited number mentioned as the way of allusion by the same competent witness have [...?] one another in one suit: and to such a pitch has the practice swelled that the infinite multitude of these representation thus admitted, and the infinite quantity of the delay thus generated has become a grievance so notorious as not to have been disabled[?] in any of the books of practice.
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Title: [17 July 1807 Scotch Reform]Description: 17 July 1807 Scotch Reform 23 Letter V Ch.3. Bonâ fide Appeals But setting aside the door opened for an evasion of a clause, a bad one I am ready to admitt, of the Act of Union, a design which whether entertained or no I do not see avowed - in this extraordinary Lord I can see neither more nor less than a Judge who in a line of jurisdiction with which he is less conversant and for which he is so far at any rate less fit is set to direct and give a lead to the proceedings of that Court the business of which consists in reversing or modifying the decisions pronounced by Judges more conversant with the business than himself. What I do not pretend to say is that the difference, whatever it may be in disfavour of the Chamber of Review, is such as to present any very determinate or formidable ground for apprehension: all I mean to say, and that I do mean to say is - that the existence of this new Court does not present any better chance for rectitude of decision than what would exist without it.
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Title: [22 May 1807 Scotch Reform]Description: 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?
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