JB/034/229/001

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1823. Novr. 10
Constitutional Code

In all the cases in which power is given to the Appellate
Judge of reversing the decrees of the Immediate
Judge on the ground of the evidence as it stands upon the
record, power is also given to him to send the question
of fact to be tried over again in a neighbouring
judicatory, the orally extracted evidence (which is the
only sort of evidence to which the question applies) to be
there extracted anew – such of it as remains still
forthcoming obtainable. This option, in case of his disapproving
of the decrees below, it he will be naturally expected to that
he should embrace, where the importance of the suit
is such such as to warrant the additional expense:
and it is manifest how considerable the reduction defalcate is
which will require to be made from this source from on the
number of instances in which the decrees of the
inferior original judicatory are likely to undergo material
change.

Number of Cases of Appeal in which Appeal may be made say 100: in these, number of
those in which the decree below undergo in consideration
of the opinion formed on the question of fact, 10: of in these
ten number of those in which without sending the question
to another trial the reversal or other material alteration takes place
two. What is the consequence? Answer – that notwithstanding
the power of reversal lodged in the Appellate Judicatory,
the fate of the suit is decided in 24 instances
out of 25 decided by the Judge in which the instructive
union in question had had place.

Identifier: | JB/034/229/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-11-10	Marginal Summary Numbering
Box	034	Main Headings	constitutional code
Folio number	229	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10503
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