24 May 1807

D4 4

Letter V

VIII. Appeal list mutilated

IV. Uses

3. Upon that part of the effect which bears relation to the bonâ fide portion of the possible number of appeals will turn whatever doubt of difficulty may overhang the effect of the proposed Review Chamber in respect of its influence on the neat quantity of inconvenience in the shape of delay, vexation and expence, likely to be produced or expunged by this proposed additional stage of jurisdiction proposed to be interposed between the supreme Court of judication situated in Scotland and the House of Lords.

4. The malâ fide Appeals presentable from the Court of Session to whatsoever Court they are or may come to be presented, owing their birth to the non-application of the profit-expunging principle - a cause in which the aptitude or inaptitude of the state of judicature in either respects has no connection, all questions concerning such aptitude or inaptitude will be or at least ought to be confined to such proportion of the whole number of appeals as come under the description of bonâ fide Appeals: whether such magnitude, if any, absolute or relative, relation being had to the state of judicature in the other two kingdoms, or in any foreign states have for its cause or causes, for example, te unsettled state of the substantive or main body of the law - the multiplicity of the Judges and the composition of the judicial establishment in other respects - the adjective branch of the law or the system of procedure - or any deficiency, habitual or accidental, respecting the personal aptitude of individuals, assignable or unassignable, in the assemblage of the Judges.