JB/056/017/001

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1824. Jany. 9
Collectanea

4.
Scots appeals

precedent, if the 'ratio decidendi' is known, or it is a
bad precedent if it is not known. I do not advocate the
introduction of a Court of Chancery in this country.
I merely point this out as one of the sources of appeals.

In addition to these causes of appeals, many other
matters requiring attention exist in the forms of our
procedure, the most important of which are those which
tend to cause delay and expense to the litigants.

Of these the following are a few:

1. With hardly any exception, even the most minute
step of procedure must be taken under the direction
of the Judge. Hence it follows, that very frequently
days, weeks, or months are lost waiting for a day on
which the Judge can pronounce the order, which could
be done as matter of course at Chambers, or perhaps
confided to the clerks of the Court

2. The orders of the court for lodging papers are habitually
disregarded, and their renewal, often four or five times,
is productive of much expense and delay. Such orders
should surely be peremptory, and should be enforced
by the highest sanctions.

3. The court of Session never sits out of term, and in term
it's sittings are confined to about 90 days in the year. The
Court of Commission of Feinds (in which all the Judges are Commissioners)
sits, besides 11 or 12 days in the year, and on these days
the Inner Houses of the Court of Session do no business, and the
proceedings before the Judges in the outer houses are much interrupted.
The sittings of the Court of Session, extend from one to
three, and seldom 4 hours each Sederant. The Judges in the outer
house sir from 3 to 5 hours for a much more limited number of
days each. Cue of the divisions of the Court is generally 8 or 10 month
in arrear of business, & several of the ordinaries are also considerably
in arrear. Nevertheless, it is quite notorious, that all the Judges during
Session, are loaded with an exceeding pressure of business.

This unhappy
result is occasioned by the vast quantity of papers which the
Judges must read at home, owing to the pestilent practice of printed
or written pleadings.

The consequences to suitors are most serious; out
of 5 years occupied in discussing a case which has been fully pleaded it is
not too much to say, that at least, 2 or 3 are lost from this cause alone.

I have the honor to be &c [signed] Phil Scott.

Identifier: | JB/056/017/001 "JB/" can not be assigned to a declared number type with value 56.
Date_1	1824-01-09	Marginal Summary Numbering	7 continued, 8-11
Box	056	Main Headings
Folio number	017	Info in main headings field	Collectanea
Image	001	Titles
Category	Collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering	F4
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	18073
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