JB/091/174/001

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29 Decr 1806
Scotch Reform To Ld Grenville

In the Constitution of the Court of Session, between Inner
and Outer House, matters are so contrived, that the inconveniences
attendant on two degrees of jurisdiction (shall be no
I mean always with relation to the suitors, for to the Judges it is the
reverse) shall be reaped as clear as possible from the advantages.
In view In a superficial point of view To a superficial view, such as that in which it
is presented by the current denomination – the Court of Session
– it presents itself as it passes for but one Court: Sot it is One Court
and not two it is to any good purpose: two Courts it is to every bad
purpose.

The faculty of appeal, of revision by a second Court is it or is it not conducive
to the ends of justice? Answer either way In either case Take it either way, this unhappy
confusion of between union and division unity and diversity is in repugnancy repugnant to their
ends. To the purpose of delay, vexation and expence
and of course to the purpo purpose of lawyers profit out of
the expence there are two Courts: to the purpose of security
against misdecision there are but one.

When by representations and interlocutors with their
et cæteras the parties have been squeezed, till they can be
squeezed no longer, then it is that instead of passing giving judgement
on the cause, his Lordship makes if he pleases, Scotize-jargonicé,
great avisandum of it, viz: to the "whole Lords". What
is great avisandum in plain English? Neither more nor less
than denial of justice. And to what end this denial of
justice? – that the parties, whether they will or no, may
be wire drawn through another Court. Were he himself to
give judgment (such is the cas so clear is the matter of right in
the routine the great majority of causes) either he must expose
himself to shame and infamy by a judgement notoriously unjust, or the partnership
must lose the profit upon whatever more can be made of the cause.

Identifier: | JB/091/174/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1806-12-29	Marginal Summary Numbering	4-6
Box	091	Main Headings	scotch reform
Folio number	174	Info in main headings field	scotch reform to ld grenville
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e3
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	29170
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