24 Dec r 1806

Scotch Reform To L d Grenville

Resolut. 10

Advocation Suspension

On a closer examination denial of justice will be found resolvable, either into misdecision or into delay: if /is it/ the result of any positive act on the part of the Court, the propriety of the term misdecision /it comes under misdecision clearly/ if applied to it is indisputable: is it the result of a negative act, a continued[?] act, the /to the/ character of which there are no assignbale limits, it comes under delay: delay to proceed with the cause of already entertained delay - delay to entertain it, if not yet entertained. Denial of justice therefore /then/, if by a negative act, merely is neither more nor less than delay: and i conversio[?] all delay that might be avoided without preponderant inconvenience /mischief/ in some other shape (vexation expence of[?] misdecison) is denial of justice while it lasts.

Of misdecision the mischief belongs not more to one side than to the other: of the mischief of delay, the greater part of the mischief attaches itself exclusively to the plaintiff's side. Whether it be or be not [...?] of the defendant to be compelled to comply with the /a compliance with the/ demand, it is matter of inconveniences /matter of vexation/ to time[?] to be kept in a state of apprehension in respect of the being thus compellable /subjected to the burthen of the demand/. But the inconvenience thus attached to the Defendant's side has its counterpart attached to the Plaintiff's side. There remains the main[?] inconvenience of /from/ delay, which is the not being in possession of the good /desirable object/ the benefit which is the subject of the demand: and the inconvenience this article in the catalogue of the mischiefs of delay is exclusively attach itself exclusively to the plaintiff's side, having /and has/ nothing that corresponds to it on the defendant's side.