26 Oct r 1807

L d Eldon's Bill

'.11 (│ │) (Forms of Proceeding ... before ... the Divisions ... the same)

In this section is introduced cursorily and en passant /in a sort of parenthesis/, a power to the Court of Session to establish from beginning to end a new system of Procedure. Of this more extensive /all-comprehensive/ provision the consideration will be here postponed to the period at which that operation is placed expressedly on the carpet, viz. to the two last sections.

To the present place belongs the (consideration of the) question whether as between /in regard to/ the "forms of proceeding and process" as /which/ between two or more Courts having the same jurisdiction, as in the case of the two Courts here made out of one, those forms should be preserved in a state of inviolable identity, or whether difference shall in any respects be admitted, as will naturally be the case where each Court has the power of making its own regulations for itself. Allowance of diversity was the principle pursued /adopted/ in the Bill introduced by Lord Grenville: preservation of identity is the principle preferred in the present Bill.

Which of the two is most conformable to the ends of justice in general, but more particularly under a system of that technical cast which both Bills found established, and to which it was /appears/ not in the contemplation of either to replace by any system approaching in a material degree nearer to the natural one.

(Under the existing circumstances /Rebus[?] sec startibus[?]/ the principle of inviolable identity seems the preferable /most eligible/ one. /Leave[?]/ I mean upon the whole for there are arguments on both sides /neither side is without its reasons/.)