18 Apr 1807

Letter V

III. Proper Remedies

III. Objection I

2. By experience. By a variety of causes, which notices[?] of which on the present occasion have poured in from all quarters, the Court of Session, the Metropolitan Court of Scotland, seems to have been placed in a peculiar degree exposed to the risk of giving birth to misdecision. Yet of the whole number of decisions pronounced if one in ten, if one in 20 were to be set down as chargeable with injustices in this shape, setting aside the cases in which as in the annexed Table. (Tab. II) misdecision flows silently and unheeded out of delay, it would be a large allowance.

1. Average annual number of causes commenced in the Court of Session and sooner or later determined there, as per

2. N o of Judgments therein appealed from as per decisions[?] printed 1807 by Order of the House of Lords.

3. Whereof affirmed by withdrawing of the Appeal, or dismissal of it for want of prosecution (Withdrawn dismissed) ....

4. Affirmed by judgment of the House . . . . .

5. Reversed or remitted for modification (revised[?] remitted) . . .

N.B. The N o of those affirmed by withdrawing or dismissal may be stated as so many of which it may be averred with full assurance that they were appeals of the malâ fide class having no object in view but delay. Of those affirmed by judgment, i.e. after argument, the total will have been composed partly of malâ fide, partly of bonâ fide appeals, but in a proportion which for want of a criterion seems/ altogether undistinguishable.