1793« on delays on the court of Sefsion. 59 
The party complaining of an interlocutor, must 
lodge his representation, or present his reclaiming 
* petition, within the space of a fortnight, otherwise 
the interlocutor becomes final. But there is no such 
necefsity to lodge answers within any given time. 
In the outer-house there is not even an amand im- 
posed ; but barely an order given, to lodge answers 
within ten days or a fortnight ;* and | have known 
the best part of a sefsion lost before sych an or- 
der could be enforced, by dint of repeated enroll- 
ments. 
A defender has usually nothing to gain by the 
ifsue of the cause, and when he happens to be res- 
pondent, delay ensues ; and it sometimes becomes a 
new question, whether the old one fhall proceed or 
not, besides giving rise to illiberal reflections be- 
tween the parties, as to the reason of the delay, 
and so producing ill humour and additional vexa- 
tion and expence through all the after stages of the 
cause. : 
An amand is by no means an adequate remedy ; 
and the ready compliance with the orders of the in- 
ner-house is justly ascribed, not tothe amand, but to 
your Lordfhip’s vigilance, and the fear of your dis- 
pleasure. ; 
An order to answer, will always be eluded more or 
lefs, until the respondent-is cut off, from even the 
hope of delay. And therefore I would humbly pro- 
* One honourable judge only, is in use to annex a penalty to his or- 
fier, and it generally proves unavailing. It goes tothe poor; and the 
talk ts invidious to insist upon its being paid. Be 
