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10 June 1807
What there is of novelty regards the newly proposed species of Appeals - the 2 d stage of Appeal to be presented from the Chamber of Session proceeding quod[?] hoc[?] in the manner of the Justitiary Court on the Circuit, to the proposed Chamber of Review.
"Provided always" (continues the Bill) "that whenever such Appeals shall be brought (it should have been whenever any Appeal shall be brought from a Chamber of the Court of Session to the Chamber of Review) "the party, at the same time that he enters his Appeal as aforesaid, shall lodge in the hands of the Clerk of the Chamber from which such Appeal is taken, a Bond for the Debt and Costs awarded in the said Chamber, with such Cautioner or Cautioners, as the said Chamber upon examination of the Cautioner or Cautioners upon oath in open Court shall approve."
The words in brackets I insert as containing in substance what seems altogether necessary to give any meaning whatsoever to this second part of the paragraph in contradistinction and addition to the first.
But hereafter arise divers questions. -
This second Bond required to be given on the presentation of the Appeal of the 2 d order, the Appeal from the Chamber of the Court of Session to the Chamber of Review why in respect of costs is it confined to the costs incurred in the Chamber of the Court of Session? For these costs what was deemed a sufficient security was already provided as we have seen - in and by the former part of this paragraph: this then is but actum agere[?].
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