12 May 1808

I. Reasons

Ch.V. Advantages

§.10. Malâ fide defences ousted

The malâ fide defences by the nursing of which it has been so difficult, hitherto so impracticable to convince those on whom relief depends that any undesirable effect has been produced, are in that instance malâ fide. Appeals of that description which have received the appellative of Writt of Error.

Happily for Scotland, if malâ fide defence be an undesirable practice, and that lessening the frequency of it an advantage, Scotch Judges derive no emoluments, at least not in any direct way or to any considerable amount, from any Appeals by which, whether bonâ or malâ fide, their own decisions are complained of.