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27 Dec r 1806
Scotch Reform To L d Grenville (3
Resolut. 15
Extract
My Lord, with great /with all humble/ submission, that which is actual is possible: With us in England, extracting nothing at all under the name of [...?], or under any other that corresponds to it, is the actual practice, is if your Lordship pleases the new[?] practice.
In England: yes even in England: ergo it is possible: as to its being "found" so, that is a very different affair. Whatever is, is: That which exists, exists. It is only what men wish /a man wishes/ to find that is "found". As to Interlocutors, in England /English law/ with all our surplusage (I speak here of Common Law) In English law (Your Lordship knows) we have no such things as interlocutors. English pleading /Pleadings in the English stile/ (for if not in that in what other?) as /are/ among the reforms of which this plea is pregnant: English Pleadings to render the matter so much the more intelligible to the Scotch Juries, to whom they will remain as compleatly [...?] and unheard as they are to English ones. But before the scores of pleadings, in the English stile takes its commencement, a [...?] series of Interlocutors in the Scotch state will of course have been run out: not to speak of the fresh[?] list /scores/ of Interlocutors to which it may so naturally happen to "to found indispensably necessary", after the termination if not likewise during the continuance of the series of English Pleadings, as well in the inferior provincial Courts which the Cause remains in a state of vibration between the Outer and the Inner Houses of the new Metropolitan Chambers, to say nothing of /not to speak of/ the Chamber of Review.
/+ Motions [...?] until[?] motions of which there are so many more than there ought to be though hardly one for every cause out of law, motions with /including/ the rules to which they give birth, answer as far as they go por[?] tanto in some respects to Interlocutors.
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