*793' *"* ^^^(^y^ ^" ^^^ court of seftlon. 279 

 sen the number of borrowings ; and above all, ic 

 would diminifti the fees of the lord's clerks. But a 

 suitable compensation might be made to these use- 

 ful descriptions of men, by raising their other emo- 

 luments in proportion to the lofs ; and thus one 

 great source of undue delay and expence would be 

 ihut up. 



Another prevailing grievance arises from the bro- 

 card or maxim, quod statim liquidari potest pro jam. 

 liquido habetur. An illiquid or unvouched counter- 

 claim is an unfailing source of almost endlefs 

 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 entire- 

 ly rejecting such counter-claims, and decerning 

 a defender to pay, without regard to them, (^lea- 

 ving him to seek relief afterwards by a counter ac- 

 tion,) it might perhaps be more expedient, to al- 

 low him to insist upon his counter-claim in the u- 

 sual way, unlefs the pursuer fliould offer to find 

 sufficient caution, enacted in the books of court, for 

 payment of any sum that fliall 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 hard- 

 fl-.ip 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. 



