June 1807

Letter V

VII Bail-baiting

The clause in containing the provision relative to the security to be found on the presentation of an Appeal instead of a Bill of Advocation or Bill of Suspension is that which is to be found in p. 19 of the Bill, constituting the 3 d paragraph on that page:

In this clause, if my conception of it be correct, Appeals of two descriptions are meant to be provided for: Appeals from an inferior court to the Court of Session, i.e. when divided into Chambers, to one of the Chambers; and Appeals from any such Chamber into which the cause may thus have been brought, into the Chamber of Review.

It is with a view to the first case that provision is made that "the party, at the same time that he enters his Appeal as aforesaid, shall lodge in the hands of the Clerk of the Court from which the Appeal is taken, a Bond with a sufficient cautioner or cautioners for the Debt and Costs, if any shall be awarded by the Court of Session."

To this case nothing I imagine is meant to apply, which is said afterwards in the same paragraph, as will be seen presently, in relation to the examination, in open Court upon oath, to which in the other case cautioners are required to be subjected.