26 Dec r 1806

Scotch Reform To L d Grenville

(4

Resolut. 14

Costs

Thus then stands the case of costs considered in the character of a remedy against groundless Appeals. Costs properly so called, costs in the Westminster Hall sense of the word, most can operate unless by accident in that character, never even intended so to operate. Costs improperly so called, costs in the House of Lords sense, even intended to operate in that character, do operate in that charater to a certain degree, but that a very precarious and incomplete /inadequate/ and precarious degree Against delay /procrastination/ in the principle of economy, on the ground of commercial calculation, it is unable, for want of the necessary regard in propositions to afford any steady and generally adequate remedy: against delay /procrastination/, through despair, in contemplation of indecency[?], it is altogether powerless /impotent/.

Sham - checks are encouragements /Every //A/ sham check is an encouragment/. Every check in the form of a penalty is a sham check, when the penal /loss by penalty/ since being fixed or limited, the profit from /by/ transgression is liable to extend /capable of going/ beyond the mark /outstretch it/.

In the English Equity procedure checks of this sort are not wanting: in Scotch procedure checks of this sort are abundant, had it be said that where malâ fide suits, demands, or defences are in question, these are the only sort of checks which fee-fed Judges can with any colour of reason /in any principle of crimson sins/ be expected either to originate[?] or to approve? which in sny principle of common sense can be expected to be found endurable by fee-fed Judges.