26 Dec r 1806

Scotch Reform To L d Grenville

(5

Resolut. 14

Costs

What then is to be done? The true, the effectual /efficient/, and only effectual /efficient/ remedy, is altogether simple. Take away /Remove/ the cause, the effect follows it. Take away the profit from groundless /malâ fide/ Appeal, also profit, malâ fide Appeal vanishes. Take away - but in each case you must take it away compleately, or in that case you do nothing, and the abuse continues /principles[?] //operates and succeeds/, is [...?] except [...?] the abuse.

The remedy will take a different aspect, according as it is against delay in the principle of commercial calculation , or delay in contemplation of insolvency that it is [...?] to operate.

Delay in contemplation of insolvency is the expected[?] mask to aim at, because that goes to the distribution[?] of the whole, the whole of the subject matter in dispute is put in jeopardy or [...?] by it /mask for the remedy to aim at to take the principal aim, because the mischief goes to //embraces// therefore[?] the whole: I mean the whole of the property //value// in dispute/.

A man /defendant/ who has nothing /no property/ in hand but the subject matter in dispute, nor perhaps the whole off that, being burthened with debt to the whole or any part of the amount a defendant again for whom in these circumstances Judgment is pronounced, appeals of course remove the cause of course into another court, if any other be found to receive it - buys so much delay of course: so much delay on the Court above has to sell, so much time for the defendant to live at free quarters upon the Plaintiff. What then is to be done? Let possession, follow instanter[?] though but provisionally upon the judgment of the Court below, the profit of malâ fide appeal, and consequently the inducement is at an end. In that case without /unles upon/ a prospect of ultimate success to appeal is not in mans nature /no appeal can take place/: which is as much as to say, unless it be under the expectation of misdecision in the part of the Court above, malâ fide appeal or removal[?] is impossible.