Scottish Court of Session Decisions

In this case, which came before the Court upon a reclaiming-note against an interlocutor of the Lord Ordinary fixing an issue, their Lordships appointed the proof to be taken before one of themselves, instead of before a ju ry; and, in the course of their observations, took occasion to animadvert upon a practice which prevails to a large extent in regard to such proofs—the practice, viz., of writing out in manuscript the notes of evidence, and lodging the manuscript copy in process, while the evidence is at the same time printed for the use of the Court and the parties. Their Lordships stated that there was no reason why the process copy should not he in print, or why the print should be copied over in manuscript for the sake of satisfying an imaginary rule that every step of process should be in manuscript. Such a practice increased expense, without any corresponding advantage.