May 1807

Scotch Reform

Letter VI

Letter VI

III Proposed Review Chamber

III: Proposed Chamber of Review

On this head my notion was and is - that its considered as to its operation on the number of Appeals from the Court of Session, and the delay &c produced by /attached to/ these Appeals, instead of a diminution it would produce a certain encrease. Taking away the profit of /by/ delay not being any part of the plan, a profit which being in proportion to the quantity of delay, was augmented by every stage of jurisdiction, the proposed additional stage of jurisdiction would give a proportionable increase to the number of malâ fide Appeals: and how it should produce any considerable diminution in the number of bonâ fide Appeals I could not see any otherwise than in so far as, by exhausting the purse or the patience of the party, who conceiving injustice done him by the Chamber of Review found himself under an inability of taking his [...?] for justice Masters[?] /higher up/, it might happen to it here and there by means of the expence to operate as a denial of justice.

In regard to such malâ fide Appeals, such of them as the result of Commercial calculation on the part of a defendant in solvent circumstances, seeing one way only but that a sure one of preventing them, I proposed the making whatever /such/ arrangements might be necessary to prevent his deriving /reaping/ from the delay any real profit under any circumstances: proposing on that view that after a decree of the Court of Session, Appeal should to in general stop execution, any more than it does after the decree of an English Court of Equity: and since /forasmuch as/ not only the Appeal, itself but the defence intendant to the decree appealed from might have for its motive and final cause the profit from the delay thus manufactured. viz: the interest or greater profit made by the [...?] by the use of the capital wrongfully [...?], thus profit or rather something more than this profit might always be taken from him.