May 1807

Scotch Reform

Letter VI

Letter VI

Recapitulation & Anticipation

4. Prevention of ultimate misdecision: viz. by entertaining Appeals complaining of misdecision on the part of the subordinate judicatures.

5. Prevention of superabundant delay: viz. by entertaining applications complaining of superabundant delay on the part of the Judge in any of the subordinate judicatures, and [...?] despatch accordingly.

N.B. Delay in so far as it is the necessary result of the system can no otherwise be struck off or abridged - than by an appropriate change in the system itself: the delay here spoken of i.e. that which is supposed to be produced by misconduct on the part of the Judge, and which is liable to take place under any system.

In the character of a remedy against delay, that faculty of recurrence in the authority of the superintending judicatures can never with propriety be withholden: but, in as much as administered in the form the remedy involves an exasperation of the disease the efficacy of the indirect remedy will be incompleat and work without the addition of │ │ other remedies of an indirect nature: viz. a set of periodical returns from the several Courts whereby /shewing/ the quantity of extra delay that took place /having place/ in each suit, and every stage of each suit with the causes to which it has been referred /[...?]/ by the Judge (in whose Court it respectively took place.) See Delay and Complication Tables

Table │ │.

6. Periodical collection of the documents necessary to represent the state of judicature in the several subordinate Courts: viz. under heads calculated to shew in each respective suit in what respect[?] and degree it has succeeded or failed in fulfilling the several ends of justice viz. rectitude of decision (promotion of misdecision) prevention of failure of justice prevention of superabundant delay, vexation and expense.