[094-158v]

20 Jan y 1808

L d Eldon's Bill

In the first division I again distinguish two parts of very different complexion /different masses of matter/.

1. By the first in order regulations are established for the breaking of the existing Court of Session into two new judicatores: regulations to take effect immediatley by authority of Parliament.

2. By another /the other/, provision is made for the establishment or initiation of future regulations by three different bodies of men to whom powers and funcions are given in that purpose: regulations of which the subject matters only are given and determined by the Bill the particular provisions to be established or proposed in the ground[?] of those several subject matters being left to the several classes of functionaries to whon those powers and fuctions are committed.

1. To the Court of Session as at present constituted are given powers for establishing outright a new code of procedure

2. To one set of Commissioners a set of Commissioners of Enquiry is committed the function /[...?] //duty ///business/ of enquiring into the actual state of the system of Scottish procedure in its principal branches at least, and of reporting such ammendments therein as they may see reason to recommend. This set of Commissioners are to receive their authority from Letters patent or the King's Sign manual[?] = for distractions sake I call them the Sign Manual[?] Commissioners.