June 1807

Letter V

III. Bail-baiting

To give any operation to this latter part of the paragraph is it not necessary to make a further addition or rather alteration - for example to some such effect as this: viz. {a Bond for such ulterior costs if any, as may come to have been awarded by the said Chamber of Review}?

Supposing this to convey the draughtsman's meaning, then comes another question - In what Court was it intended that the examination should be performed? In the Chamber of Review, or in the Court below, the Chamber of Session?

In the Chamber of Review? This construction seems rather the better adapted to the rest of the words of the paragraph as they stand at present.

To the Chamber of Session? A subordinate sort of operation such as that of examining Bail seems better adapted to the subordinate Courts especially both of those being to this purpose fully and equally trustworthy, than to the station of the superordinate Court, the substitute to the House of Lords.

N.B. In effect it appears as if the Appeal to the Chamber of Review was intended to be an Appeal of the 3 d order. Appeal of the 1 st order, from the inferior Court, to the Lord Ordinary: Appeal of the 2 d Order, from the Lord Ordinary in the Outer House, to the Chamber of Session in the Inner House; Appeal of the 3 d Order from the Chamber of Session to the Chamber of Review.