30 Der[?] 1806

To L d Grenvill

Facienda

Outline

 After a page of introduction, proved as follows

1. Judge, but one in each Court /Judicature, single handed /seated/ throughout:/, viz. the Sheriff Depute, as at present; but with the power to appoint a deputy or deputies /substitute or substitutes/, to sit in his stead, to act in his absence, or in case of press of business, to act at the same time, but not in the same cause: In being civilly[?] responsible for the good behaviour of such his deputes[?].

2. The Judge, as well as every officer under him to have a competent Salary, in lieu of all profit, direct and indirect, by fees: no fees to any office in his gift, or under him. His deputies /his substitutes/, neither fees nor salary their remuneration consisting, as in the case of the Country Magistracy, in power and dignity, with the expectation of succeeding, such of them as may be disposed for it, to the office of Judge. The occasional function of deputy will thus serve as a sort of noviciate or apprenticeship to the office of Judge /judicial office/. It may be supposed that a man will have sitten for some time by the side of the Judge, before he comes to be seated in the place of the Judge.

3. Mode of Procedure, purely[?] natural: the parties appearing in the first instance in their own persons, in the presence of the Judge, and each or will at his own instance was[?] at the instance of the adverse party, speaking upon oath (or what is equivalent) in the character of witness or even[?] as party: neither to be heard on any occasion without that same search for truth.

Thus in the ordinary case respecting /in respect of/ residence: viz. when the residence of both parties is within the local judicature of the Court: or when the residence of the plaintiff being not within that jurisdiction, he thinks fit to address himself to the forum of the defendant. The case in which the plaintiff does not choose thus to follow /will not give his attendance at the forum of/ the defendant is a case comparatively speaking extraordinary, requiring a separate provision, of which afterwards in its place.