i ee ee 
’ 
282 on delays in the court of Sefsion,  Octs23. 
and order of ranking. Such a state must be lodged 
Before the cause can proceed, bur yet the. common a- 
gent cannot lose bis cause, by not preparing it a- 
gainst the day afsigned to him; and although he 
were to forfeit his office, still his clerk or his friend 
might be elected, and he enjoy the profits, through 
acontinuance of the same_ favour and countence of 
his brethren, by means of which hé first obtained 
it. 
He might also find means to have a fine or a pe- 
nalty dispensed with, and even though the fine 
thould be rigourously exacted at first, the common 
‘relaxation of it would soon take place. 
It is or ought to be a favourite object of new re- 
gulations to reach evils of this description. ~Atithe 
same time it is scarcely pofsible to suggest an -ade- 
quate remedy. What I would submit to your lord- 
‘hip is, that the creditors fhould: be subjected sto; a 
lofs for the neglect of their agent, and that the clerks 
of court fhould have afee, (for example) of 2per 
cent on the fund of division, and also that a new fee 
‘of the same amount fhould be due to them as often.as 
the common agent fhould fail to obtemper a renew- 
ed order for lodging the state. 
As such a forfeiture would embroil the agent with | 
the cretlitors, ,he would be careful neither to suffer . 
the lofs himself, nor by subjecting them to it, to in~ 
cur their displeasure. And from ‘the constitution 
‘ “of the court, (not to mention the character of the 
members,) there can be no ground to) fear that the 
clerks and the practitioners could connive togethes in 
‘such a case, 
; 
