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[...?] May 1807
Scotch Reform
Letter VI
Letter VI
Part I
Conclusion
Upon the whole, the following are the instances in which the obscured and non-officed non-lawyer has the honour /satisfaction/ of finding his ideas honoured by the concurrence of those highest among the official lawyers.
1. Preference given to single seated Judicature for judicial cognizance in the first instance.
2. practicability and superior excellence of Natural Procedure - not indeed directly confessed by the Memorialists /Memorializing Judges/
as a body, but virtually - or indeed more than virtually, by their Right Honourable procedure, their head by whose views those of the body appear plainly enough to have been on this occasion desirable.
3. indigestibility of Jury Trial in civil cases in Scotland, if mounted /grafted/, as proposed, in the existing branch of
To the Technical system of procedure.
4. Utility of the profit expunging principle as a specific against factitious delay at the instance of the suitor, and thence against malä fide Appeals.
5. Dangerousness Ineligibility of the prohibition of Appeals against Interlocutors, as proposed.
6. In the existing judicial establishment of Scotland, utility of that part which consists of the system of Provincial or Sheriffs Courts.
7. Demand created for a more extended mode of superintending cognizance on the part of the House of Lords, by the consideration of the large proportion of cases that [...?] escape it altogether, and among them many in regard /relation/ to which the exercise of its superintending authority is of the most extensive and important use. The way thereby prepared for the erection of the proposed Court of Lords Delegates to stand in the place of all Chambers of Review, proposed, proposable or existing - Scotch, Irish or English.
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