date

[094-283v] 25 Dec r 1806 Scotch
[094-283v]

25 Dec r 1806

Scotch Reform

To L d Grenville

Revelation the 60 th. That when any judgment shall have been pronounced in any Chamber of the Court of Session, it shall be subject to review in a Chamber of Review, in which none of the Judges shall sit who belonged to that Chamber whose judgment is to be reviewed; and that the cause shall, in that stage, be conducted by printed cases, and hearing of Counsel, in the manner and form observed in Appeal to the House of Lords; such Chamber of Review to constituted in such manner hereafter be appointed by act of Parliament.

Here is delay, vexation, expence, with no proportion of professional profit, organized /manufactured/ without disguise. If the interests of the /people[?] in quality[?] of //the character/ suitors, if the interests of question[?] are to derive any benefit from it, I should be glad to know in what shape.

Permitt me on this occasion once more, my Lord, to beg Your Lordship's attention to a distinction /division of causes/ which though not to be found in the Law Books, is not the less /but the more //has not the less claim/ avertions of the attention of a /the/ legislator - the distinction between bonâ fide and malâ fide causes. To the latter class belongs every cause in which either party is in malâ fide /that commonness of wrong exists on either side malâ fides/, and for obvious reasons, the party by [...?] the most apt to be in that case in the Defendant.
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  • Title: [[168-189v] 25 Dec r 1806 Scotch]
    Description: [168-189v]

    25 Dec r 1806

    Scotch Reform To L d Grenville

    To Refd.[?] ev

    Letter V

    Review Chamber

    In the encouragement provided by /held out to/ the technical system for the malâ fide defendant, two branches may again be distinguished: the one consists in the chance of ultimate success, whether by deposition of evidence, or by disabling or delivering the plaintiff from persisting /persevering/ in his demand: the other consists in the advantage /benefit/ of staving off the time for delivering up the matter in dispute. The former of these encouragements is quo[?] abito[?] to the plaintiff's and the defendant's side /both sides of the cause/: the latter is peculiar to the defendant's side. The former is matter of contingency; the latter is certain and indefensible.

    In the great majority of causes that here come before your Lordships /the House of Lords/, the matter in dispute is wholly or in part pecuniary, property in whatever shape, included. In this case the nature of the certain part of the benefit of delay is presented to view in the clearest terms, /at once in the clearest light,/ by the [...?]-interest of money.

    In this case the value of the contingent part of the benefit receives the small income from the certain /assured/ /secure/ part: plaintiff in the right, defendant in the wrong, and knowing himself to be so, fights him off with his own money.