30 Dec r 1806

Scotch Reform

To L d Grenville

Omissa

3. Pleadings

As to form, there are some demands that do admitt of form, those[?] that do not: susceptibility of form depends upon simplicity: when he story becomes in certain respects and to a certain degree complicated and diversified, no forms can be found that will hold it.

Happily the cases most susceptible of forms[?], were beyond comparison the cases of most frequent occurrence: for example most common modifications of debt (taking the word in the proper sense) the modifications expressed by the 7 or 8 courts usually put into the action Anglico-jargonici [...?...?].

The cases that /The cases which by their complication //[...?]/ seem to bid deference to forms are in comparison of the other cases of rare occurrence: as /take/ for example the Scotch action or petition of [...?] and sale: where a debtor having or lately demand having fallen [...?] or definitively or for the time into a state of insolvency, the aggregate mass of his property, and in particular the prudence of the unmovable part when sold, is claimed liable in a way to be claimed, by creditors applying in concert or coming in [...?] for the purpose.

In court of Bankruptcy, there is of insolvency on the part of a [...?] so declared, this action has its equivalent in the promisings under the Commission: in a case of one insolvency on the part of a non-tender who has property /an interest/ in immoveables in the shape of the sort of property called Anglico-jargonici real property, the business of payment is left to the operation of two maxims in pays vulgo[?] dect'[?] catch as catch can and the [...?] take the hindmost: the property being in some cases not allowed to be caught at all, in others only by [...?].