30[?] June 1807

Letter V

VII. Bail-baiting

In whichsoever of the two Courts the intention is that the examination of the Cautioner or Cautioners should be performed, other questions present themselves.

The means provided by examination or otherwise for establ[ish]ing the sufficiency of the cautioner or cautioners on the preceding occasion were they sufficient or insufficient? If sufficient why on this succeeding occasion employ this novel security, imported from a foreign system of procedure. If insufficient, why not apply in the first instance to such preceding occasion the only security which is regarded as capable of answering the purpose?

By the first Bond security was given for the debt together with such costs as might come to be incurred in and thence awarded by the Court of Session: the only additional costs requisite to be provided for in the 2 d Bond, are the costs that may come to be incurred in and awarded by the Chamber of Appeal. Why without necessity impose any heavier or fresh burthen on a party, for whose powers of purse and credit, the lightest burthen that could be imposed may so frequently be too heavy.

Suppose the inferior Court from whence the Appeal comes in the first instance - suppose it within the Shireparish of Edinburgh, or in any other Shireparish at no great distance from the metropolis, the difficulty is comparatively small. But suppose it a distant Shireparish such as that in which the Orkneys or that in which the Hebrides are composed?