ON THE DELAYS INCIDENT TO THE COURT

OF SESSION.

To the Lord President of the Court of Session.

MY LORD, YOUR

to

OUR uniform endeavour to obviate the law's delay, and to promote a speedy decision, induce me addrefs to your lordship, the following observations upon the forms of procedure.

The restraint of forms is equally intended to protect the one party against the arts and encroachments of the other, and to guide and direct the judge in giving a considerate and impartial decision.

The forms prescribed for calling a party into court, are such as to insure him of due notice on the one hand, and to certify the judge on the other, that due notice has been given to him; and after he has appeared, the forms preclude the judge from pronouncing against him, be the evidence ever so strong, until he has an opportunity of being fully heard.

An alteration therefore of the forms of procedure, may prove a change of the law itself; and to abolish forms would be to reduce the law under the will and power of the judge. It would even be dangerous to make great alterations, as all the consequences could not well be foreseen; and therefore it is with much hesitation, that I submit to your lordfhip some of those to be here proposed, but others appear to arise so naturally out of things

in their present state, that they must generally be allowed to be safe changes, and for the better, though unfortunately opposed by the interests of some of the members of court. In the outer-house proceedings, the representing days, are as strictly in observance as the reclaiming days are in the innerbouse. But a salutary regulation takes effect in the inner house, that has no place in the outer. Only one reming bill or petition can be received against an interlocutor of the court. This is established in ten lines, by the act of sederunt, November 26th 1718; and a similar act prohibiting more than one representation would have the happiest effect *.

Such a regulation would, it is true, affect the interests of many respectable members of court. To the clerks of cot, it would fhorten the length of extract; to the clerk's afsistants, it would much lef

* For the information of readers in foreign parts it may he proper here to observe,'that the court of session is the supreme court for determining all civil causes, those respecting revenue matters alone excepted, in Scotland. It consists of a president, and fourteen ordinary members, commonly called lords of session. For dispatch, the business that comes before this court is separated into two departments; in one of which each judge acts separately, and decides as an individual. In the other, the court acts in its corporate capacity, as a court of review of 'eir sentences individually given.

When the judges act as individuals, they officiate in a large open hall, which is called the outer house, in which, as there are erected three tribunals, three judges officiate at once;-the whole court except the president taking this businefs in rotation. A judge officiating in this capacity is called the lord ordinary. From his decision an appeal lics to the court in its corporate capacity; which from its sitting in an inner chamber is called the inner-bouse. From the decisions of this last court, lies an appeal to the house of peers. Edit.

sen the number of borrowings; and above all, it would diminish the fees of the lord's clerks. But a suitable compensation might be made to these useful descriptions of men, by raising their other emoluments in proportion to the lofs; and thus one great source of undue delay and expence would be fhut up.

Another prevailing grievance arises from the brocard or maxim, quod statim liquidari potest pro jam liquido habetur. An illiquid or unvouched counterclaim is an unfaili: g source of almost endless delays. But such a claim is so rooted in the forms and substance of our proceedings, that it might be dangerous at once to tear it up. In place of entirely rejecting such counter-claims, and decerning a defender to pay, without regard to them, (leaving him to seek relief afterwards by a counter action,) it might perhaps be more expedient, to allow him to insist upon his counter-claim in the usual way, unlefs the pursuer fhould offer to find sufficient caution, enacted in the books of court, for payment of any sum that fhall be decerned for in the course of any counter-action that may be brought by the defender within a limited time. for example four months. Where a pursuer is unable to find good caution, he must submit to the hardfhip of having his cause delayed. But in case he offers caution, and if the supreme court has no power to accept or enforce the offer, the object is of such importance, that an act of parliament ought to be obtained.

The delays in the bill chamber, are to be ascribed partly to claims of the above nature, and partly to other causes: but these and other causes of delay shall be the subject of future letters. I have the honour to be, &c. LENTULUS.

TO A YOUNG LADY ON THE STUDY OF NATURAL HISTORY.

I Do not wonder at your being delighted with the examination, (for I will not insult you with saying the sight,) of Mr Weir's museum, and the collection of the generous hermit of Morning-side; and I am pleased with your withing to be directed in a course of reading and observation with respect to the charming study of nature.

With a view to fan the flame of science that has been kindled in your mind, you may begin with reading the little collection of extracts on natural history by Robert Heron, lately published. From that you may go to the pafsages in lord Kaims's Sketches that more particularly relate to your purpose; and you may read his art of thinking, which was written for the use of his own family.

From thence you may take in hand Mr Smellie's excellent Philosophy of Natural History; and by way of touching your subject, and practicing your French at the same time, you may read the specta

cle de la nature, and such of the prefaces of Buffon, as your parents may think proper for your peru

sal.

As some of the contemplations de la nature, of Mr Bonnet, have in them nothing that is very deep or fanciful, but much that warms the mind to piety and virtue in the view of the works of the Creator of the universe, these you may read with great satisfaction and with a beneficial effect.

Having thus obtained an apprehension of the noble scope of natural history, with regard to religion and morals, you may then enter gradually into the detail of whatever branch of that immense study you shall happen decidedly to prefer. If birds attract your choice, you have Smellie's translation of Buffon's Ornithology; or you may read it with great advantage to your French excercises in the original, as the count de Buffon is not lefs eminent for his eloquence than his learning The quotations or refeferences in the margin will lead you always easily to the further and more minute examination of any particular subject: as for example if you wish to enter into the detail of singing birds, or birds supposed to be of pafsage from one country to another, you can read Mr Barrington on these subjects, in the Philosophical Transactions of London, and Mr Pennant in his British Zoology, a book likewise which in its whole tifsue will deserve your complete perusal when you have once, by means of Mr Kerr's translation of the Linnean system, made yourself fully acquaintad with the method of distinguishVOL. XVI.

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