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1825. May Nov. 4 J
Procedure Code Copd
Ch. XII. Judiciary collectively
§.4. Judicature — its grades
Rationale
3 3
Question 3. Why not more than one
Answer. Reason
1. Because of the vast encrease of expence vexation and delay
without any adequate encrease of probability of appropriate
aptitude on the part of the ultimate decision; and
corresponde on the part of the people correspondent confidence
2. Say rather without any such encrease. For suppose
instead of two such grades three. From the Immediate Judge
appeal to the a Judge Appellate: from the Judge Appellate
appeal to a Judge Super Appellate. Suppose now the decision
of the Imm Immediate Judge confirmed by the Judge Appellate,
reversed by the Judge Super appellate. Here then are in favour
of the decision two voices say two decisions, in disfavour of it
but one: in the result is that it is reversed. This aptitude of Super
appellate Judge has more choices in its favour than that of
either of his two inferiors. Fine: but at any here is more
than either both of them put together? for if in respect of length
of triedness he has the advantage over both his subordinates, still
has his immediate subordinate the Judge Appellate no
inconsiderable degree share of that desirable quality.
Think now of the confusion and detraction contempt of the ends of justice
which have place in the case of the Scottish Judicature, in
which in these classes of non-penal suits which are
of the highest importance, appeal may have place in six or
seven grades one above another!+
+ See later in Globe
and F or Markr
later end of Oct
or beginning of Nov. 1825
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