JB_106_207v.xml

Title: [18[?] Jan y 1807 I. [...?]]

Description: 18[?] Jan y 1807

I. [...?]

Letter V

II.[...?]

III. Interlocutor

IV. Delay

All this while, one thing seems not easily [...?]able /sufficiently clear/ - viz: that if there be a mischief, liable to be produced and left without remedy, the mischief, by having an interlocutor instead of a final judgment /an interlocutor/, for its material /efficient/ cause, is not materially lessened: and that a man who had his chosen whether he for want of an appeal would have ,1001 by an interlocutor or ,1,000 y a final judgment would rather see the loss by the final judgment unappealable from and irremediable than the loss from the interlocutor.

But the reasoning I suppose was this: though a man is debarred from appealing to the Lords from an interlocutor, a judgment by which the suit was not terminated, his right of appealing from the final judgment that comes afterwards, remains untouched: if then the final judgment is the same notwithstanding the interlocutor as it would have been without the interlocutor, there is no harm done, and by his not having been permitted, that is by his lawyers not having been permitted to persuade him, to appeal against the interlocutor, so much delay vexation and expence is saved to him. But on the other hand if the effect of the interlocutor be to exercise an influence on the final judgement to his [...?] - to occasion him to lose[?] the cause per tanto or in toto, then comes the /time for him to/ appeal, and he gets /obtains/ redress against final judgment and interlocutor together: - and as to any delay that may have been produced by the interlocutor, provision is made against that inconvenience, by the increased costs for which provision is announced by the [...?] that is to come.

JB_094_490.xml

Title: [31 Jan y 1808 on L d Eldons Bill]

Description: 31 Jan y 1808

on L d Eldons Bill

5 or 6 Interlocutors unappealable

Admitted the diseases to the list[?] as a panacea to all the evils

1. Mitigating the disease in some cases, it aggravates it in others.

1. Against delay, what it really does, is the obviating [of] that mischief in so far as liable to be produced by Appeals against Interlocutors: i.e. where of the executive given to the interlocutor, the effect would be pro tanto to give despatch to the cause, to carry the cause so far onward in its progress: in which case, supposing the execution of this interlocutor stopped by the Appeal the interest[?] between the day on which the stoppage takes place, and the day on which, the Appeal being disposed of, the cause is allowed to go on below, given the length of delay that would have been produced by the Appeal, and consequently the length of delay saved by the prohibition here proposed to be put upon it.

But suppose delay to be the very mischief of which Interlocutor is productive - the very mischief of which the Appellant complains, and to which by the Appeal he seeks to obtain a remedy:- in this case, instead of removing, the prohibition put upon the remedy - upon the only remedy - aggravates and perpetuates the disease.

In the English Spiritual Courts they have not only Appeals against misdecision, but Appeals, eo nomine, against delay: + complaining of delay in the Court below, a grievance for which on the part of the Court above an order for dispatch, however denominated, is the only direct remedy. If from the Court of Session to the House of Lords no Appeal against delay is in use, it can not be for any want there is of the grievance.

Conceive a complaint, the purport of which is that the Judge will not suffer the cause to go on: thus the grievance, and the complaint not allowed to be heard till the cause is finished.

+ Oughton

091-119.xml

Title: [28 Dec r 1806 Scotch Reform To L d]

Description: 28 Dec r 1806

Scotch Reform To L d Grenville 2

Resolut. 13.

Interloc. Unapplicable

Give judgment for the Plff? - That would be to determine that the evidence /testimony/ if which it knows nothing, would had it been given, have been conclusive. Shall it simply suspend the final judgment, [...?] it to the Court below, one of the Chambers of Session, to cause the testimony yo be collected? This would be - not [...?] entertaining an Appeal against an interlocutory judgment alone, but something worse. The delay that would have been occasioned by the appeal against the interlocutor alone would it have been too great to be endurable? Here is that same delay produced[?], plus /with the addition of/ the delay intervening between the interlocutor and the final judgment. Say that the delay /interval/ between interlocutor and final judgment would be the same as whether the final judgment were pronounced before Appeal, or afterwards: if nothing be lost by the prohibition put upon the Appeal against the Interlocutor alone nothing in part[?] of dispatch would be lost, still nothing would be gained.

What if it be a case for examination in perfection[?] in memoriam, or for examination Scoticé Latina-Anglicé de bona esse?[?] At the time of calling for the evidence This witness on /at/ the point of death or expatriation: long before the House has given its Judgment (By the preceeding Resolution there is the new Chamber of Review for the cause to go through first[?] the testimony is given: Moreover the Table of Resolutions, if duly consulted might serve to prove not that it /nor let it/ should be altogether forgotten, that we are dying at all ages.

It is by an Interlocutor that provisional possession is deterred: but the effect of such delivery if made to a wrong person may be irreparable injury. Irreparable injury by waste: timber cut down and sold /the land stripped of its timber/: the house pulled down and the materials sold. Irreparable injury to person yet more serious. Woman delivered to a wrong husband: female orphan to a seducer instead of a proper guardian. When Virginia was put into the hands of the nomine[?] of Appius[?], it was or might have been by an Interlocutor.