24 May 1807

D3 (3)

Letter V

VIII. Appeal list mutilated

IV. Uses

II. Effects in respect of the bonâ fide appeals.

1. On the number of the bonâ fide appeals the remedial principle abovementioned - viz. the profit-expunging principle, would have no influence worth regarding: no certainty that so much a single one of them would be stopped by it from going from the Court of Session to the Court of appeal immediately above it: viz. to the House of Lords as at present: or to the proposed Edinburgh Review Chamber, as proposed.

2. Consequently, by the application of the profit-expunging principle, how useful soever in other respects, no defalcation would be made from the burthen of the draughts made at present by Scotch Appeals upon the disposable time of the House of Lords.

From the number habitually presented, a great part - the half, for example, more or less, according to circumstances, would be struck off: but by this defalcation, no such exoneration would be effected: for of the Appeals presented to the House whatsoever draughts are made upon the time of the House are made by those only which are heard: and of the portion consisting of the malâ fide Appeals, and defalcated by the operation of the profit-expunging principle, none are ever heard: it not being necessary to the purpose, nor accordingly part of the design of those who present them that they should ever be heard: before the time comes for hearing, they are either withdrawn, or suffered to be dismissed for want of being prosecuted.