JB/056/014/001

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1824. Jany. 8
Procedure Collectanea. or for Indications &c

Scots Appeals.

Morn. Chron. Jany. 8th 1824.

Scots Appeals.

Extract of a Letter from Mr. Phil. Scott, Edin. 23rd
Sept. 1823 to the Right Honourable Lord Colchester.
. . . . . .

The first and most important of these causes
of Appeals is, the defective nature of the machinery
for ascertaining and stating, in precise words, the
facts in each case to which the Court is to apply
the Law.

The most strange anomaly in the proceedings
connected with an enquiry into facts, is that
which is technically termed "a proof before answer",
the meaning of which is, that before it is decided
whether the case can be entertained at all, the parties
are ordained at a vast expence and by years
of litigation to prove the fact; and then they may
be told that the suit will not lie, and all their money
and time is lost.

2. The next most fertile source of appeals, is
the interminable number of intermediate appeals
from the sentence of one Judge to a superior Court

First the Sheriff Substitute may sustain the suit;
then an Appeal lies to the Sheriff Depute, who may
dismiss it; then to the Lord ordinary in the Bill
Chamber; then to the Inner House in the Bill Chamber;
next to the Lord Ordinary in the outer House,
who may again sustain the suit; then to the Inner
House who may dismiss it; the statement of the facts,
and consequently the argument and the law, varying
perhaps at each successive step, till the
Suitor — led on in doubt, alternately hoping and
fearing — balancing the weight which he chooses
to ascribe to the favourable opinions against
the greater number of those which are unfavourable;
or it may be the favourable opinion of the
Lord ordinary, and of two of the Judge's in the
Inner House against the unfavourable opinion of the three other Judges in the Inner House or perhaps an unanimous judgment
of the first division in a similar case favourable to

Identifier: | JB/056/014/001 "JB/" can not be assigned to a declared number type with value 56.
Date_1	1824-01-08	Marginal Summary Numbering	1-2
Box	056	Main Headings
Folio number	014	Info in main headings field	Procedure Collectanea or for Indications &c
Image	001	Titles	Morn. Chron. Jany 8th 1824 / Scots Appeals
Category	Collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number	18070
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