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25 Decr 1806
Seeing so much said about malâ fide causes, Your
Lordship may perhaps be not incurious deem it not altogether undeserving of notice to know, what
may reasonably be expected to be their proportion to bonâ fide
causes. My Lord, without any expence if need the end of any thing like sagacity of arithmetical
skill or sagacity on my part, it is in my power
to give to that question an answer which, I hope will be
found satisfactory sufficiently precise tolerably precise: all from the prototype of the Chamber
of Review, as depicted determined by the Committee on Finance.
Total Number of causes in a year lodged in the Exchequer Chamber
in an average of three year – minute fractions and uncertainties neglected – 606
Whereof argued, with or without any expert supposition
of merits, or expectation of succeeding against the merits,
and therefore not proved to be on the part of the defendant mala fide causes – 6
Remain unargued, argument not presenting to the eyes of
the defendant or his professional advisers, any the faintest chance
of success, and therefore all of them to a certainty on
that same side malâ fide causes – 600.
In the mind of the learned pleasure of the Scotch Chamber of
Review was there any assurance or prospect of seeing the
proportion of certainly mala fide to possibly bonâ fide causes, as
compared with the English proportions, lessened? – My Lord,
the from the first dawn of lineage of reformation in Scotland the days of English practice have been throughout, from Ld Swinton in
1789, till now in 1807, such practice as Your Lordship has just been seeing English practice has been the ten
plus ultra of profusion, in the imagination of the Scottish
reforming lawyer.
Identifier: | JB/106/208/002 "JB/" can not be assigned to a declared number type with value 106.
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