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Feby 1808
Connected; and most intimately to, with the fixation of the
each Judge to one judicatory, either immediate or appellate are
two other arrangements, and so intimately, and the arrangements
themselves so important, so simple, and so unexceptionable
that I know not how to forbear introducing the mention of them
in this place. These are
1. No
1. The Ordinary in every case to be bound to pronounce an
go through with the cause from beginning to end: to pronounce a final decree as
well as the several antecedent interlocutory ones. In
other words, the reporting to be admitted attitude Reporting of
causes by Ordinance to the Inner House not to be in any
allowed in any case on any pretence. In two the Reporting.
2. All causes to be commenced before an Ordinary in the
first instance. In other words – No Inner House causes.
No causes to be deemed Inner House causes. In three words No Inner-House Causes.
3. No Bill-Chamber. Appeal via Suspension where
the operation not to be suspended is
3. In the Court of Session, no Bill Chamber Causes.
Wherever the removal of a cause from an inferior Court to into
the Court of Session is demanded, let the cognizance of the
demand be confined to the Inner House. In these two
words – No Bill Chamber.
4. Not only in the Court of Session, but in every other inferior Court
let procedure in the way of Appeal take the place of procedure in the way of Suspension
where Suspension is synonymous to Appeal from in the case in which Suspension has the effect of Removal or Modification of the final
decree of a subordinate judicatory, and of Advocation in
the sense case in which Advocation produces the effect of Removal
or Modification of an Interlocutory Decree. In five
words – Appeal via Suspension and Advocation
5. So, where the Advocation is demanded sought on any other
ground than that of alledged misdecision on the part of
the subordinate Court let procedure be in the way of Certiorari
make take place of procedure in the way of Advocation. In three
words – Certiorari via Advocation.
6. No intermediate appellate judicatory between any immediate judicatory and the Inner House.
In three words, No intermediate judicatory.
Identifier: | JB/091/205/001 "JB/" can not be assigned to a declared number type with value 91.
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