date

6 Apr. 1808 Letter V Ch.3
6 Apr. 1808

Letter V

Ch.3 [...?]

Suppose profit by delay the sole object, at any rate the sole bad effect of the interlocutor /mischief by reason of it to the other side/: here the grievance is altogether /mischief is placed/ out of the reach of the remedy. In the English civil law Courts Appeals are receavable[?] complimentary of delay and nothing else. (Oughtin[?]│ │) Suppose it proved that to an extent thus indefinite the proceedings of the Court of Session might without inconvenience be exempted from the control of the House of Lords, so it might it then altogether: and on this supposition the appellate jurisdiction of the House might be given up [...?] and the "burthen" pressing thus hard "after its turn" effectually removed.

2. Unnecesary the remedy may be pronounced with equal confidence: The only mischief meant to be removed is that of effectual delay. But of no advantage even to be made by such delay, groundless and malâ fide appeals would no more be made from interlocutors, that in the same case they would be from final judgments. the advantage (the profit for example) made by a defendant with a plaintiff's money in his hands) might as readily[?] be taken away in the case of groundless appeals from an interlocutors as in the case of greoundless appeals from a final judgments. Interest may as will be made to run run /commence/ from the commencement of the suit, or from the commencement of the wrong a [...?] which the suit suits a remedy, as from the day of judgment pronounced in that of the appeal prosecuted: and in case of an insolvent defendant to prevent himself from [...?] the money or moneys worth pwnding the appeal security might be exacted or the money or moneys worth [...?] in safe hands.
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