26 Dec r 1806

Scotch Reform To L d Grenville (3

Resolut. 14

Costs

When costs are given, the word costs being employed in the original and proper sense of the word, what is it my Lord that is done? a sum is put by the unsuccessful into the hands of the successful party, equal or, if greater in some way or other running in proportion either to the sum which on the occasion of the suit he has been actually out of pocket, or else be the greatest sum which it is conceived he was justified in disbursing under the /any such/ expectation as that of being thus eventually reimbursed: in the first case are costs when taxed as between Attorney and client; on the other case costs taxed as between party and party.

Meaning to do substantial justice /Activated by the love of justice/, free /pure[?]/ from the /superior to the stream of/ corruption which gives motion and direction to the machinery /system of mechanisms/ of the inferior regions /level/ - unprovided at the same time with every subordinate official establishment adequate to the adjustment of detail /liquidation of such minute matters of moment/ the House of Lords, having every now and then fallen into the practice of giving under the /this/ name of costs, by a sort of random guess /cast/, round and tempting sums, such as one hundred, two hundred pound. Bearing no /neither having nor aiming at any/ proportion to the sum actually disbursed, intends to operate in the way of compensation for the delay, damages rather than costs would on this occasion have been the proper means[?]. Why then not employ that name? For this reason: because damages had by long usage been considered as having become appropriated to such compensation as it belongs to a Jury and a Jury only, to award: the [...?] damages was therefore avoided, but it should present to the corruption of a suitor public and at the hand of a [...?] House of Commons, the idea of an [...?] from above, in the presence[?] /function/ and prestige of a Jury.