[094-462v]

Nov 1806

Evidence

[...?] II Causes II device

Ch. │ │ Device the │ │ th Bandying the suit /cause/ from Court to Court.

Appeals and Removals require the concurrence of a party. The sort of transfer here in question does not /requires no such concurrence: nor any spontaneous act on the part of any body: - it takes place of course: viz. at this or that /a particular/ stage in the progress of the cause.

By the device here in question, I mean not that removal /transfer/ which takes place in case of appeal viz: where a suitor who regards himself as injured by adverse decision or groundless delay in an inferior Court seeks redress in a superior Court, nor yet the sort of removal which requires the concurrance of one of the parties, but those removals which take place of course, before any decision is pronounced, and fom which neither party has it in his power to preserve himself. the avoidance of which depends not upon either of the parties.

Of this device the number of possible modifications are /is/ plainly infinite. exemplifications will be found in the existing practice

The principal of them will be found comparable under the following description

1. One Court /Judge/ to decide; another Court to collect the evidence on which the decision is to be grounded. Examples. 1. Practice of the Equity Courts.

2. Practice of the Ecclesiastical Courts /and Admiralty/

3. Practice of the Common Law Courts in Circle and Communal[?] Appeal

4. Practice of the Common Law Courts on Indictments for [...?] felonious offences

5. Practice of the Common Law Courts on Indictments for [...?] felonious offences

6. Practice of the Common Law Courts on Informations[?]

7. Practice of the Court of Session in Scotland. Game at Shuttlecock played with the cause, game between Inner and Outer House. Property of the suitors sold[?] over the gridiron in both Houses. /or/ A plague on both your Houses! would be the cry of the miserable suitor, if this [...?] on the part cry out, day by day, /Motion/Causes/ Marsalio[?] could have safely pronounced upon the Edinburgh theatre.

Examples of the contrary.

2. Attachments in all the Courts

1. Petitions /Causes brought in by/ to the Chancellor in matters of Bankruptcy.

3. All other Motion Causes in all the Courts. See Ch.