1
results found in
19 ms
Page 1
of 1
[094-160v]
22 Jan y 1808
Transpose[?]
1 [...?] contents[?]
III Contents of Part III [...?]
Powers to [...?]
II. Contents or Topics of Part II. Powers for subordinate legislation, enquiry and Initiation.
I. Sections 5,4,11 in part, and 9, are the sections occupied in giving powers ofr subordinate legislation to the Court of Session, exercisible by its present Quorum of 9, the Court sitting all together, in its undivided state.
1. In Section 5 are contained four distinguishable parts /clauses/ In[?] clause 1[?] gives them power/ is given/ to regulate the mode in which the "[...?] of ordinances" shall be performed. 2. In clause 2 power to determine "what number of Judges shall operate either separately or together in the Outer House or Bill Chamber: 3. In clause 3, power is proved "if it shall seem expedient...that some of the said Ordinary Judges shall constantly or usually perform the duties of Ordinances in the Outer House or Bill Chamber":... others ... constantly or usually officials in the Inner House: 4 clause in part 4 th. power to determine the "Rotation" in which in the Outer House and Bill Chamber these Ordinances shall officiate.
5. In Section 4 th power is given to regulate the days of sitting in the [...?] sections of the Court.
6. In Section 11 th, power is given to regulate concerning the "forms of proceeding and process and in particular the mode of conducting the pleading, as well in the Outer as of the Inner House, and whether carried on by writing or viva voce. /single-seated judicatores of the Ordinaries as in the many-seated judicatores/
7. In Section 9 th power is given to regulate concerning the remittal[?] of causes from one division to another, on the ground of a connection between cause and cause.
Similar Items
-
Title: [Jan y 1808 Letter V Power Session]Description: Jan y 1808 Letter V Power Session [...?] single seated judicatories indirectly rejected The backsliding on the part of Your learned Lordships is not the sole object of my fears: another is, that supposing the will no /whether //be// the will be present or/ wanting, the power it may be found it[?] grows legislating[?] on this ground, their hands it will be found are already tied [...?] by the three[?] first section. Divisions of the Court are: eight Judges for the first; no more than seven for the other. But in each of the two divisions, in the least one that contains but seven Judges, there is both an Outer[?] House and a Bill Chamber, each of which is to be furnished /stocked/ with a sufficient number of Ordinaries. When out of this number of seven the sufficient number of Ordinaries has been draughted out, still out of the /in/ remainder with whom /comprizing the population of/ the Inner House is to be a number to spare. For in /within/ this remainder there is to be a [...?] number that is a number that shall remain /be/ sufficiently to give legality to the business /transactions/ after the [...?] have withdrawn themselves. Section 7 has been already noticed as occupying itself in the fixation of this [...?]number: and as having ended at last in a blank[?]. In a considerable number of the other sections has this[?] same [...?] been undertaken, and in no one of them is there any blank[?]. In /on/ this section alone where the blank came to be filled up, the difficulty was found insufferable[?]: the [...?] fell out of the creative /legislative/ hand, that[?] the blank been filled [...?] by the [...?] number
-
Title: [[094-159v] 21 Jan y 1808 L]Description: [094-159v] 21 Jan y 1808 L d Eldons Bill 3. To another set of Commissioners is attributed /committed/ the doings of enquiring into and reporting upon the expediency, and eventually the mode, of engrafting Jury Trial onto the Scottish system of procedure in civil: Then I call the Great Seat Commissioners. The part which stands first is that which occupies itself in the establishment of regulations outright: regulations to take effect immediately by authority of Parliament. But observing that the effect of it is liable to be modified, and the design in an word[?] counteracted, by the regulations which the Court of Session are [...?] to make, I shall take the liberty of so far changing the order of the matters as to take first into consideration the part which occupies itself in buying[?] a foundation as above for regulations to be framed in future. The whole number of Judges, at present 15 to be divided into two sections eight in one, seven in the other: in the eight-seated section the Lord President of the whole Court to preside; in the seven-seated, the Lord Justice Clerk: each section to contain an equal number of the Judges of the Court of Justitiary, reckoning the Lord Justice Clerk as two. This forms the principal matter of the [...?] first section of the Bill. Section 6 th gives to each of those two sections, except as excepted the powers, duties and functions of the whole: section 7 th undertakes to appoint for each section a quorum number, two finding the task not quite so easy perhaps as at first [...?],
-
Title: [[...?] Feb y 1808 on L d Eldon's Bill]Description: [...?] Feb y 1808 on L d Eldon's Bill Letter VI Omissa & Facienda II. No Inner House[?] Causes[?] By the last consideration the word[?] is led to II. [...?] the 2 d. No Inner House Causes. The consideration which in the character of reasons /a reason/ call for the establishment of this rule, have already /has just/ been brought to view in support of the preceding rule. In the practice of the Court of Session /in most/ causes have in this point of view /to this purpose/ been distributed into two classes. Class the first - Outer Houses - causes which must in the first instance be presented to a Lord Ordinary sitting in the Outer House or Bill Chamber:[...?] the 2 d Inner House causes: causes which can not in the first instance be presented to a Lord Ordinary, but must be presented in the first instance to the whole Lords sitting in the Inner House. Outer House causes are those which taken in the aggregate cover by far the greater part of the whole extent of the field of judicature: taken in it whole extent Outer House causes form /[...?]/ the class of which the matter /subject/ of the general rule. Inner House causes constitute /stand but as/ so many exceptions to that rule. By what principle, if by any, has the practice been governed /guided/ in the determination /selection/ of these exceptions? Not improbably /Probably enough/, not by any: like the rest of the system, by fraud and accident, combined in indiscernible proportions. But if by any, by the principle abovementioned, viz. the notion of superior /extraordinary/ difficulty or importance.
1
results found.
Page 1
of 1