24 Dec r 1806

Scotch Reform To L d Grenville

Resolut. 10

Advocation suspension

On the part of a subordinate Court, a cause brought before it, either the cause comes within its cognizance or it does not: if it does not, let the conduct of the Judge be ever so irreproachable /free from misconduct/ in other respects misconduct is exemplified in the very first act done by him in it: [...?] misconduct is exemplified in every succeeding act. For this species of misconduct, [...?] of jurisdiction is the [...?]: prohibitionwith or without punishment the proper remedy

When on the ground of misconduct on the part of an inferior /a subordinate/ Court, having cognizance of the cause the [...?] of a superordinate Court is remarked[?] to for relief in respect in any of the main points in question in the cause, the alledged misconduct will have been considered as having displayed itself in one or other of these shapes: misdecision denial of justice, or delay. Vexation may indeed be another ground of complaint: and in misconduct of this description not only /it may be the/ parties but third persons of any description and in any number to be comprized. But as nothing /no practice [...?]/ can be done by a Court of Justice /in the way of judicature/, nothing can be done, which may not with propriety be considered as [...?] from /done by/ a decision to that effect, vexation so far as [...?] may in this point of view be considered as comprehended under the term misdecision: misdecision in regard to some part which is not among /of the number of/ the main points in the cause.

Misdecision supposes the cause already commences and entertained: commenced by the Plff, entertained by the Judge: it may be in /its operation may be to the/ prejudice of the Plff in toto, as by a rejection /complaint/ of his demand in toto: to the prejudice of the defendant in toto, as by a complete compliance with the demand, to the prejudice of the Plff in part by a not sufficiently extensive compliance with the demand, or to the prejudice of the defendant in part, by a too extensive complicance with the demand.