I think that sitting so many days and working so hard may have brought
on this headache. I must inflict a walk on myself to-day. Strange that
what is my delight in the country is _here_ a sort of penance! Well, but
now I think on it, I will go to the Chief-Baron and try to get his
Lordship's opinion about the question with Constable; if I carry it, as
there is, I trust, much hope I shall, Mr. Gibson says there will be
funds to divide 6s. in the pound, without counting upon getting anything
from Constable or Hurst, but sheer hard cash of my own. Such another
pull is possible, especially if _Boney_ succeeds, and the rogue had a
knack at success. Such another, I say, and we touch ground I believe,
for surely Constable, Robinson, etc., must pay something; the struggle
is worth waring[281] a headache upon.
I finished five pages to-day, headache, laziness, and all.
_June_ 9.--Corrected a stubborn proof this morning. These battles have
been the death of many a man--I think they will be mine. Well but it
clears to windward; so we will fag on.
Slept well last night. By the way, how intolerably selfish this Journal
makes me seem--so much attention to one's naturals and non-naturals!
Lord Mackenzie[282] called, and we had much chat about business. The
late regulations for preparing cases in the Outer-House do not work
well, and thus our old machinery, which was very indifferent, is
succeeded by a kind that will hardly move at all. Mackenzie says his
business is trebled, and that he cannot keep it up. I question whether
the extreme strictness of rules of court be advisable in practice they
are always evaded, upon an equitable showing. I do not, for instance,
lodge a paper _debito tempore_, and for an accident happening, perhaps
through the blunder of a Writer's apprentice, I am to lose my cause. The
penalty is totally disproportioned to the delict, and the consequence
is, that means are found out of evasion by legal fictions and the like.
The judges listen to these; they become frequent, and the rule of Court
ends by being a scarecrow merely. Formerly, delays of this kind were
checked by corresponding _amendes_. But the Court relaxed this petty
fine too often. Had they been more strict, and levied the mulct on the
agents, with _no recourse_ upon their clients, the abuse might have been
remedied. I fear the present rule is too severe to do much good.
Public-domain text, read in full here on John Shaqi.
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