JB/091/191/001

Click Here To Edit

4 Jany 1807

"Giving out papers Writs" (Scotch Works Anglicé papers) "to be seen:" – i.e.
lending out original papers to the other side, instead of giving
it out originals or copies. At the surface, economy:
at the bottom, (as Your Lordship would see, if it were
your misfortune to be obliged to look into a Scotch, though
not nearly as bad as an English book of practice,) not delay
and vexation only, but expence.

In English practice procedure, this sort of economy is almost, though
not compleatly, without example: witness, in the case of judicial writs the practice of having
copies and only showing originals in certain cases. In Scotland,
writing as well as money continued scarce longer than in
England. At present howsoever it may be with regard to money,
writing and in judicial procedure the abuse of writing, has run out to so much
greater a length than in England, that the contrast and inconsistency
formed by the mention of penury mixt with the
redundance, is truly curious.

Were it in the nature of things that, under the fee-gathering
system, economy should ever be an object really pursued, the
ingenious contrivances, that already so much in use for the purpose among
the mercantile purposes classes, was might, any of them on this occasion fur
too, furnish the means. But the maxim legis ,
maxim so dear to lawyers on all occasions, is never
so intensely so dear as where reduction of expence, and thence consequently
of profit, would be among the consequences of the change.

When papers a paper given not to be seen fails of being returned
at in proper time, then comes a law suit to get them back again:
the an individual law suit which of itself shall consume a dozen, as soon or a
hundred fold times as much time as the principal would have occupied in a Scotch Small-debt Court, or
an English Court of Commons.
Substitute to the loan of an uncopied original paper the fee simple of a duplicate – no suit – no application – so much business lost.

Identifier: | JB/091/191/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1807-01-04	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	191	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29187
Box Contents