Aug st 1808

+ * A

on L d Eldon's Bill

Homologation necessary

Pleading requirement

+ N.B. By '. II Power is given to the Judges to make alterations & regulations concerning such forms of pleading and process, and particularly concerning the mode of conducting the pleadings in the said Division or Court, and before the Ordinaries, by Writing or by Pleadings caused (called?) or vivâ voce.

But in the authorities given to the Commrs, the word proceeding is dropt: nothing said of Pleadings

An essential, indispensable part - a part without which every other must remain a chaos - is a system of pleading: and on this head there is not a syllable

A system of pleading is that part of the system of procedure which in Scotch law /practice/ is in a coarse and more imperfect state than any other. In English practice, bas as it is, it is not nearly so bad. Though in a superior degree it answers /fulfills/ the ends /purposes/ for which it was contrived, the purposes of judicature, yet to a certain degree, compared with the Scottish chaos, even to a considerable degree. Here it means the purposes of justice.