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Search - Letter To Sir Edward Burtenshaw Sugden, Solicitor-General Of England

Letter To Sir Edward Burtenshaw Sugden SolicitorGeneral Of England
Author: Robert Wallace

Letter to Sir Edward Burtenshaw Sugden, Solicitor-general of England : on causes of appeal to HOUSE OF LORDS, ACTS OF SEDERUNT, SYSTEBI OF WRITTEN AND PRINTED PLEADINGS AND PEES IN COURT OF SESSION, AND RESTORING THE BENEFITS OF JURY TRIAL IN CIVIL CAUSES TO THE PROVlNCIAL COURTS OF SCOTLAND - IN your place in Parliament,-you are reported to hav... more »e asked the Lord Advocate for Scotland, on the occasion of his introducing , a Bill foi the Improvement of the SCOTS L AJV C OURTS What. were the causes of the numerous APPEAL frSom Scotland to the House of Peers Andit would appear, that. the learned Lord, in reply, did more. than insinuate that the chance of success, . arising out of the ignorance of English Judges of Scots Law, was one main cause for these daily increasing Appeals. l This has ever been the - war, whoop-of the Scots Bench and Bar but were the Scots nation to .. be consulted, you mould be told a different. tale. You would heir from all intelligent men, whether of high or low estate, that the undefined powers and duties of Scots Judges, and the unsettled state of our laws, B are the true causes of the Appeals -they resort for justice to English Judges, from a. conviction, that their causes will be decided in the House of Peers according to . - - L the law and - I established construction thereof, by precedents, to which essential gum-. dians of their rights and property they cannot trust, as the law is administered by their own Judges -i and, further, they would tell you, that the , - changes ef-L J - F d I , fected on our ancient simple andeffiwciohs system are attributable to Trial by Jury in civil. causes, and viva ooce proced re having bAen departed from and, in lieu of this our most -. ancient -.-and venerated institution, we have had forced on us the tedious, uncertain, and expensive system of loose and endless written and printed pleadings.. . l t gr It rnliy. nbt be khown toVybu, Sir, that each c-ty-of Scotland. has stipendiary Judges, appointed by the Crown, and for life, to . preside in the invaluable provincial Law . Courts. CL , 1 sr These. Copr ts are believed to have as extensive jurisdiction as the Courts of Law, and Equity at . Westminster, or the Court of Session in Scotland, except only as to titles of lands, maritime, consistorial causes, and a few others. Some isolated cases must still be t d by Juries in this Court . but by - fai the-greater proporf ion are, now-a-days, unfortul nately tried by riieans of long loose written plead b I, I , l . 1 e Yide Appendix, No. .11. and 111. f , I , i V ide Extract from LAW CHRONICLE A . p pendix, No. IV. I ings, aiid proofs on. c ori 7nission , oli. which the-pro. vincial Judges are ordained and oblz ed to decide both t e. Zaw aid tEe fact,-making up a written decisionr in private, and deliuerii2. it . in Court uiithokt the a of a Jury E . - , A Provincial Judges are . empbwered, with the aid of a Jury, to try causes affecting thelife and liberty. of the subject but, monstrous. as it must appear to you, hey have become debarred from trying civil causes generally by Jury, that power having been. w thdrarwn through. the graspiizg inzuence of the Court of Sessi0n. r - 1 a - . - n he people of Scotland feel that the administh- tion o - f their laws has. b ecome giievously unsatisfac-, tory and the judgments pronounced by. the. Court of Session so v e e vacillating as to deprive them of that confidence ivhich alone Can prkven t Appeals to Parliainent. They are told at al, l hands, that this...

ISBN-13: 9781408616383
ISBN-10: 1408616386
Publication Date: 1/31/2008
Pages: 62
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Publisher: Read Books
Book Type: Paperback
Members Wishing: 0
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