JB_094_457.xml

Title: [28 Jan y 1808 II Appeals 5]

Description: 28 Jan y 1808

II Appeals

5

To sell a twelvemonths factitious delay to every man that will pay the price, is to sell to every dishonest man in condition of his standing suit and so becoming and remaining defendant, a twelvemonth's interest upon the sum of money representative of whatsoever portion of another man's /the plaintiff's/ property he has contrived to get into his hands. In the three English intermediate Chambers of Review, the King's Bench, when sitting over the Common Pleas, the Exchequer Chamber which sits over the King's Bench, and the Exchequer Chamber which sits over the Exchequer, may be seen so many markets overt in which factitious delay has for ages been sold, and in the Year 1798, + not to speak of present /posterior/ times continued to be sold, in pieces of a years /twelvemonth's/ length more or less: the property of the injured plaintiff /in the character of plaintiffs/, to as many wrongdoers as /to whom/, on striking a ballance between profit /an account taken of profit/ and loss, it might happen to see more to gain in the shape of interest of money, than to lose in the shape of costs.

In one of the Tables that accompany these sheets, Your Lordship may see the quantity of the article sold in the three shapes[?] in the three years ending 1797, together with the amount of the dividend received into the pockets of the Master manufacturers, the managing partners of the great commercial company composed of Lawyers and distinct[?] /Judges, other official lawyers, professional/ litigants.

 Add further reference to Ellenboro and Mansfield.

+ 27 Report of Finance Committee A o 1798.

JB_092_378.xml

Title: [1 May 1807 B3 9 (3)]

Description: 1 May 1807

B3 9

(3)

Letter V

VIII. Appeal list mutilated

II. Finance supply

In the three years in question, sent out of the Court of Session the supreme Court of original jurisdiction within Scotland, viz: to the House of Lords, Appeals 75, as above: out of the four English Courts on the same level Appeals under the name of Appeals, viz. to the House of Lords as above, 6: to d o under the name of Writs of Error, 125 more, together to the House of Lords, 131: add from the Common Pleas to the King's Bench in its appellate capacity 550; from the King's Bench (in its original capacity) to the one sort of Exchequer Chamber, 1,253; from the Court of Exchequer to the other sort of Exchequer Chamber, 1: total to the three intermediate Courts of Review 1,810: add those to the House of Lords as above 131; grand total 1941:

ratio of the number of appeals sent out of the English Westminster Hall Courts to d o sent out of the Scottish Court of Session at Edinburgh, as 1941 to 74: being between the ratio of 25 to 1 and that of 26 to 1.

JB_092_022.xml

Title: [PRIVATE Letter V The view]

Description: PRIVATE

Letter V

The view thus given of the profit made by the whole firm would be but partial if some idea, {howsoever incompleat,} were not given of the particular remuneration allowed to the managing partner or partners.

Profits (in [...?...?...?...?]) made by the Lord Chief Justice of the King's Bench for a part of his share in the partnership profit upon the /delay/ 543 years of delay made [...?] as above [...?] manufactory in the course of the three years

One year's dividend received by the Chief Justice of the King's Bench for the year 1797, Lord Kenyon being the Chief Justice, upon a part of the partnership profit for that year £1,434:13:6. Multiplied by 3 this gives for three years dividends upon this part of the profit made by sale of the 543 years of factious delay in the 3 years to so many malâ fide suitors in the character of customers ............. £4,304:0:6.

This divided by 543 (the number of the customers) gives or received by the said Chief Justice to his own use from each such customer in part payment upon this one article ......... £7:18:6½.

The mode in which this profit was extracted presents, it should seem, some title to regard. The fees were in every instance payable - not to the Chief Justice, nor to any person for his use, but to a particular Officer under him, entitled Clerk of the Errors. The Clerk being put into his place by the Judge, the Judge takes advantage of this circumstance to squeeze out of him whatever thing that he receives over and above £150 a year, leaving that pittance to him for his own support: the Clerk by whom all the business is done that is done, is allowed to retain for it no more than the £150: the Judge by whom no part of it is done, takes for his share the £1,434:13':6 d. It is thus that in the King's Bench Gospel that labourer is decreed worthy of his hire.

And this is the Judge who among his powers and duties, numbers that of protecting men against oppression on the part of the subordinate authorities.