5 Feb y 1808

6

II. App

Interlocutors unappealable

3. A case there is in which the remedy is not only productive of the disease, but the disease so produced is moreover incurable.

3. What if in any case, the mischief the production of which is in the Court below the object aimed at, is a mischief capable of being produced without any final judgment, and by staving off final judgment? In this case, to say that Appeal may be made against the interlocutor when Appeal is made against the final judgment, is to say that Appeal may be made at a time that will never come.

Suppose a case - a supposition not altogether out of nature - a particular individual case - in which it would be more agreeable to the Judge of the Court below to see their own will done than an opposite one. The means seem not very difficult - By whatever decree the business is done call it - not a final decree but an interlocutor.

Conceive a conception to prevail in the supreme local judicatory that it could be for the advantage of his Majesty's subjects within Scotland that the law by which they are governed should in each instance be finally settled on the spot by a set of Judges bred up in the study and practice of it instead of travelling into England (Scotia a foreign Country) than to be decided by a judicatory composed in name of all the Lords of the Imperial Parliament in effect of an English Chancellor who till the day which placed the seals in his hand, had never looked into a Scotch law book nor ever had any concern in any one Scotch cause[?] in his whole life.