date

[094-374v] 4 April 1808 on
[094-374v]

4 April 1808

on L d Eldons Bill

Letter V

[In Copyist's hand]

Ch. │ │ days of Sitting

In the original Bill, there were both "during the time of Session." anglicé & Scoticé, the six months repose /of delay/ which characterizes what in this part of the Bill is called "All dispatch of business" in that Court shall remain a Sabbath: in the same original Bill, power was given to the whole court to make "alterations as to the days" on which its two divisions were to sit. In the amended Bill, it is provided that as to days they shall be "the same days as have been hitherto the days of sitting of the whole Court." The number of days which the Judge shall be found to apply to the service of justice in a many-seated judicature, being thus equally secured against diminution, and except with their own [...?] (for which purpose a clause is added) against encrease.
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  • Title: [8 Feb y 1808 IV. Day of Sitting]
    Description: 8 Feb y 1808

    IV. Day of Sitting

    The determination /decision/ of the Court of Session, I mean of the clever art of its 15 Judges is - that the Chambers meaning what the Bill calls the divisions of the Court, these[?] Chambers whether there be two or three of them shall "only sit alternately".

    What is the grand grievance? /One main grievance //At the head of the list of grievances stands this -// that the decisions of the Court of Session are years in arrear, and that it is in a way[?] to measure[?] /the arrear there seems no bounds to its probable measure[?]/.

    Such being the grievance nothing can be more obvious, more effectual /infallible/ than the remedy. Instead of one judiciary, establish two, both sitting at the same time: each having but half the business to do in the same quantity of time, the quantity of time applied to the business will be the double of that it is at present. Of one judicatory the number of which are determined not to preserve the repose [...?] for almost [...?] end two months together, the quantity of time allowed as not sufficient for the business /the quantity/ which calls for it: but it is not so far from sufficient but that double the quantity of time would be compleatly so - since[?] then the numbers of the one judicatory will not give up any part of the time dedicated to repose, establish two judicatories, both /each/ sitting at the same time with those[?] on which the one judicatory sits at present. By this means the quantity of time applied to the business will be exactly doubled.
  • Title: [4 April 1808 Letter V Thus]
    Description: 4 April 1808

    Letter V

    Thus far accordingly in his amended Bill, the /opinion of the/ Lord Chancellor's learned scribe has suffered itself to be enlightened and corrected by the opinion of the Faculty of Advocates. By the 2 d of their Resolutions this simultaneously having been declared to be "a part of the utmost importance" and of such importance "that it ought to be fixed" by Parliament and that /to sit[?]/ in an[?] "Act of Parliament which may be passed for the purpose of dividing the Court".

    But in another point, the learned scribe, clinging to /his original engagements as closely as possible/ the Right Honourable the Lord President, and bent upon doing for the benefit of learned repose whatsoever can be done for it, takes up a handful of dust, and /which he/ endeavours to throw it into the learned eyes on the other side.

    The two years and whatever greater length of arrear that under the hand of the Court of Session has accumulated, it is not for want of power to clear their hands of it that it has accumulated. This they themselves have been the frankest to declare /+ Memorial, and, 50/. It is not for want of a power of adjournments: for the existence of such power is declared by this amendment clause in this amended Bill. It is as above declared for want of will. /To the Right Honourable the Lord President and his learned [...?]/ To what greater length /bulk/ this arrear may have and consequently /accordingly/ to the Lord Chancellor's learned scribe, to what greater bulk the arrear to accumulate /length it may happen to run to/ is not matter of any greater concern than to the learned scribes Nobles and learned principal in that Bench /House/ which has no subordinate /inferior weir/ - Bench to serve as a weir to evero of its superflux[?], it is to that greater length beyond the three or four [...?] which constitute its present length it may run on in that highest seat of judicature, I had like to have sad justice.
  • Title: [[094-173v] 9 Feb y 1808 on]
    Description: [094-173v]

    9 Feb y 1808

    on L d Eldons Bill

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    5. In section 9 th option is given to the plaintiff under which of the two Division of the Court he will commence his cause.

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    8. In Section 12 provision is made for distributing between the two divisions the causes to which it shall happen to be depending at the commencement of the proposed Act.