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21 April 1808
Letter
Lords judicature
4. Independently of the light that may thus be drawn on Scottish
judicature, should any imperfection be this discovered in the state of English
judicature, it will present a distinct table to regard, and the information desired
Thus it is that whatever may be the arrangements that
will by the Motion will have a distinct use.
have taken place under the auspices of jurisprudential law
5. ☞ If any opposition should be made then state some of the
if we look for the real causes of them as shall find them
most striking facts from the per 7.9.1. printed table: then speak of the
any where but in a real and regard for the
striking though as yet not perfect lights brought to view by the
ends of justice Committee of 1798, Sep 27th: and thus that any
opposition can have no other ground than a consciousness of the ,
and an anomaly to it.
Reasons of which to ground a Motion for
of the Writs of Error from the Office
1. Of the Bill received or expected from the Lords one object
is the lessening the burthen in the time of that House By in respect
of its appellate judicature by Appeals so called. But Writs
of Error are but Appeals under another name: and in proportion
to the time they their number and the time they respectively occupy, as large as penal
as Appeals do, of the burthen from which the relief is sought.
The Accounts by the House of Lords are on this account in
compleat, and unless the be supplied, can not but be fallaceous. To form any
tolerable judgment which
prospect the proposed
<add>plan of relief taken in all its
promises to be adequate,
the burthen must
be laid before as, as
well in its progress, as
in its present state.
In respect to the
</add>of him</add> the Accounts of the Lords
seem adequate suitable
and adequate to this
purpose: there remains
only to fill up the
deficiencies, as above>.</add>
N.B. This application of the reason is confined to those
Writs of error which are returnable in the House of Lords;
it applies not to those which are returnable into any one of the three Intermediate
Courts of Review.
2. In A plan for an Intermediate Chamber of review was not long
ago among the plans proposed for the improvement of Scottish
judicature and either in the Lords or in the Commons may be
to the present or in some future occasion may be brought, may
be brought forward against at any time. With reference to this
plan, it will be material to observe for the same the effect of the three Intermediate
Courts of Review existing in English judicature and
in particular in respect of the proportion between bona fide and
mala fide appeals in Writ of Error; i.e. between argued and not
argued.
3. to are good and bad, either with reference to the
end, or by comparison. English judicature, in respect of its <lb?>superiority has been proposed in this and various other occasions
as a model for Scottish, and doubtless in some respects not without reason.
But as the article of Appeals it will be proper to see and consider how from this notion quadrates with the
truth of things. These parallelisms
will be of the highest
use to both countries.
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Scotch Reform |
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IPING 1804 |
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Bernardino Rivadavia |
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18059 |
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