1 793" "'^ delays in theiourt of sefsion, 27 y 



ON THE DELAYS INCIDENT TO'THE COURT 



Of Session. 



To the Lord President of the Court of Sefsion. 



My L.RD, 



Y UR uniform endeavour to obviate the law''s delay, 

 and to promote a speedy decision, induce me to 

 addrefs to your lordfliip, the following observations 

 upon the forms of procedure. 



The restraijit of forms is equally intended to pro- 

 tect the one party against the arts and encroach- 

 ments of the other, and to guide and direct the judge 

 in giving a considerate ard impartial decision. 



The forms prescribed f r calling a party into 

 court, are such as to in r him of due notice on 

 the one hand, and to certify the judge on the other, 

 that due notice has been given 10 him ; and after 

 he has appeared, the forms preclude the judge from 

 proiiour.cmg 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 provf: a charge of the law itself; and to abolifh 

 forms would be to reduce the law under the will and 

 power of the jud^e. 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 lord- 

 fhip some of tho";e to be here proposed, but 

 Others appear to arise so naturally out of things 



