14 Feb y 1808

Lett VI.

Omissa & Facienda

1. No Reporting

1. Analogous practice

As to the first point - viz. no reporting - first let us [...?] what authority /custom/ says - under [...?] variety of [...?] names - practice, precedent, custom, usage. Introduced /Under favour of this Introduction/ by him or her Reason may stand some chance, howsoever faint, of the [...?] a hearing in the second place.

The practice thus marked for introduction is an abuse of which out of the Court of Session an example will surely[?] be to be found.

1. In the judicial establishment /system/ of Scotland it is without a parallel. Throughout the whole of the judicial establishment of Scotland to [...?] of the inferior judicatories is it allowed /permitted/ to decide a cause or send it off /up/ without decision as they please: not to the Sheriff Deputes Court[?] /not to the Sheriff Deputes[?] Substitutes Courts?/: not to the Borough Courts not to the decree of Guilds Courts, not to the [...?] Courts: not to the Commissioners Courts, natural or provisional: not to the Admiralty or Vice Admiralty Courts.

Among this, the Sheriff Deputes'[?] Courts claim particular notice. Like the Lord Ordinary's Courts, these are all single-seated judicatories.

Of the causes /suits/ instituted in the Court of Session, the greater part might have been instituted in the Sheriff's Court. Causes the same not only in specie[?] but in value as those which are instituted in the Court of Session may be and are in great abundance instituted in the Court of the Sheriff Depute. The /To a/ Sheriff Depute is not allowed to decide or not to decide, at /his/ pleasure, why should a Lord Ordinary?