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24 Jan y 1808
On L d Eldons Bill
IV. Sign Manual Commiss
That it will not answer in any considerable degree the purpose which the interest of the people /the ends of justice/ to the quality[?] /character/ of suitors require to be answered may be affirmed with equal confidence.
The sort of work [...?] were it a compleat system of procedure covering /at the same time/ in [...?] what to[?] whole of the field of judicature and the whole collection[?] /entire assemblings/ of the judicatures that are at work upon it, were[?] then it would be imperfect and in such sort imperfect as to be incapable of answering to any considerable degree of perfection its /professedly[?]/ intended purpose. But it does no such thing: for if the existing sorts /shapes/ of judicatures existing and habitually at work in Scotland it omitts more than it includes.
Those which it includes are of national Courts the Court of Session: of local Courts the Sheriff's Courts.
Those which it omitts are - of national courts, the Court of Justiciary[?], the Court of [...?], the powerful[?] Commission Court and the principal Admiralty Court:- of local Courts, the Courts of Justices of the Peace sitting in Sessions General or Special, the Borough Courts, the [...?] of Guilds Courts, the Borough Courts, and happily the Small debt Courts, the local Commissionary Courts, and the local Admiralty Courts.
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Title: [14 Feb y 1808 Lett VI. Omissa]Description: 14 Feb y 1808 Lett VI. Omissa & Facienda 1. No Reporting 1. Analogous practice As to the first point - viz. no reporting - first let us [...?] what authority /custom/ says - under [...?] variety of [...?] names - practice, precedent, custom, usage. Introduced /Under favour of this Introduction/ by him or her Reason may stand some chance, howsoever faint, of the [...?] a hearing in the second place. The practice thus marked for introduction is an abuse of which out of the Court of Session an example will surely[?] be to be found. 1. In the judicial establishment /system/ of Scotland it is without a parallel. Throughout the whole of the judicial establishment of Scotland to [...?] of the inferior judicatories is it allowed /permitted/ to decide a cause or send it off /up/ without decision as they please: not to the Sheriff Deputes Court[?] /not to the Sheriff Deputes[?] Substitutes Courts?/: not to the Borough Courts not to the decree of Guilds Courts, not to the [...?] Courts: not to the Commissioners Courts, natural or provisional: not to the Admiralty or Vice Admiralty Courts. Among this, the Sheriff Deputes'[?] Courts claim particular notice. Like the Lord Ordinary's Courts, these are all single-seated judicatories. Of the causes /suits/ instituted in the Court of Session, the greater part might have been instituted in the Sheriff's Court. Causes the same not only in specie[?] but in value as those which are instituted in the Court of Session may be and are in great abundance instituted in the Court of the Sheriff Depute. The /To a/ Sheriff Depute is not allowed to decide or not to decide, at /his/ pleasure, why should a Lord Ordinary?
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Title: [2 Jan y 1806 Facienda Outline]Description: 2 Jan y 1806 Facienda Outline The Sheriff's Courts to continue every where /throughout/ Scotland, with their seats of judicature in their present situation, and each of them with its local field of jurisdiction the same as at present: unless upon a particular examination any instances should appear of a degree of inequality the inconveniences of which are so great as to be worth correcting at the expense of the inconveniences inseparable from the change. Each Court to have cognizance of all sorts of civil ([...?] criminal) causes, and to any value: such particular classes of causes alone excepted, for the detachment of which to appropriate Courts, particular and adequate reasons can be assigned: in which view are to be considered the existing Courts of [...?], Commissariat Courts Court of Exchequer and the Admiralty Courts. Quote[?] if[?] any[?] ││ in general whatever causes are at present within the competency of the Court of session. The remuneration (howsoever constituted) to be such as shall be deemed sufficient for the purchase of the Judges' whole time: as in the London Police Offices: excepting such time as may be occasionally necessary for relief from duty, to be obtained by the Judge in manner hereafter maintained.
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Title: [18 May 1807 5 Letter V]Description: 18 May 1807 5 Letter V 1. Plan of the Letter 3. dispatch by substituting Appeals to Advocation and Suspension. 3. I have not done yet, my Lord: another little bonus for the lieges. In the Bill Chamber , the mode in which the superintending jurisdiction of the Court of Session is exercised over the causes originally brought before the local judicatures is (it must be confessed) rather slower than could have been wished:- yes, and many are the impertinent things that have been said about it. But, my Lord, be pleased but to look at the Circuits, there you may see the Justiciary Court, travelling post, - a very pattern for expedition: like Time and Tide , Circuit Courts stop for no man. In the room of the solemn and steady, indeed, though, to be sure rather slow-paced Justice, which without change of place vibrates and in a stile of vibration rather complicated, it must be confessed, between the Bill-Chamber, the Inner House, and the other Outer-Houses, give the lieges the option of that which travels post - Good souls! how delighted will they be! - All for the lieges , this part, my Lord:- this little bonus :- all for the poor dear lieges! - Your Lordships have had your share:
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