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I. Cur
II. Cur non
III. Remedia
IV. Quibus
V. Quò
VI. Quot
VIII. Curia pura
VII. Judices qualis
IX. Proportionally
IX.
XI. Committee
XII. Historia
XII. Committee
2.*
Mischief of
non uniformity.
1. Complication
2. Uncertainty
a Road
territory one would
with the division
of the first, the
other of the second.
---page break---
Grounds 1
Reasons Grounds
for allowing
Appeals
1. Chance of
Deficiency of
some of the qualities requisite
on the part
of the Judge.
Grounds 2
2. Uniformity
of the measures
of justice throughout
the Kingdom.
p. 3.
Grounds 3
This latter ground
particularly
strong under the
Common Law.
p. 3 94. See Nos
40, 41.
Grounds 4
How the consideration
of importance
and difficulty
influence the occasion
for Appeal.
Grounds
The greater the difficulty,
the greater
the danger of a
failure in the
qualities of the
Judge.
Grounds 5
The greater the
importance, the
greater the mischief
in case of
a wrong decision
in consequence of
such failure.
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6
Party's Motives
which a party
may find for availing
himself
of the right of appeal
given him.
1. Where he is
bonà fide no other
than what form
the legislative g grounds for allowing
it.
7
2. Where he is in
malâ fide.
1. If Plaintiff in
a cause civil or
penal, oppression vexation
& chance of success.
8
3. Where he is Deft.
delay and chance
of success
9
4. In a penal
cause where he has
nothing worse to apprehend
in case
of all success, delay
is certain gain
to the chance of success
however found is
better than none at
all.
Grounds 8*
Punishment of the
Judge will not do
without Appeal
Grounds 9*
Censure of public
opinion will not
do without Appeal
Historia
Appeals few in
England fund at law
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Quò 10
Appeal ought
to be allowed in
all cases to the
metropolis.
1. To get the
maximum of
probity & intelligence.
Quo 11
2. for sake of
uniformity.
p. 3, 94.
Quot 12.
Limits to the
allowance of
Appeal: viz.
the maximizing
1. Delay – that from the reasons con
2. Expence
Quot 13
No numbers of
appeals can
give ensure
perfect satisfaction.
Quot 14
Means of ascertaining
whether
the public is
satisfied & providing
accordingly.
Historia 14*
Appeals few
among the Romans.
Numerous however
under the feudal
law on account
of the vassalition
on ground of rebellion.
In barbarous times
proceeded more on
the ground of improbity
than unintelligence.
Court of Rom
for not
good of subjects
---page break---
Remedia 15
Methods of diminishing
the
inconveniences
which form set the
limits to the number
of Appeals.
1. The delay is
obviated by preventing
the Appeal
from stopping
execution.
Rem. 16
2. By allowing
extraordinary interest.
17
2. The expence
is obviated.
1. By cutting off
all artificial
expence.
18
2. By reducing
the natural to
the unavoidable.
Remedia 19
Means of reducing
the natural
expence.
1. Saving the necessity
of the attendance
at appeals
by examining
all witnesses in
the Court of the territory
where they reside.
20
2. Transmitting
all law-papers
by the Post from
Judge to Judge
without passing
through the hands
of Law-Agents
of the parties.
---page break---
Remedia 21
3. Allowing no
Appeals till after
final judgment
except in case of
such interlocutory
judgments as may
have the effect of
a final one.
22
4. Allowing no
Appeals in matters
proper for a rehearing
such as the
discovery of fresh
evidence.
23
5. Appointing confrontation at the least
expensive place.
Quo 24
Where no personal
attendance is necessary
an Appeal
may be argued as
well in the Metropolis
as in the Province.
Quo 25
Ought all appeals
to be carried at once
to the Metropolis?
Reasons pro
1. Advantage of
superior probity
and intelligence
2. Uniformity
3. Provisions with the Metropolis
Quo 26
Reasons con
1. Splitting the public
too much.
2. Delay.
3. Expence occasioned
by difference
between &
pay.
4. of satisfaction
to , though
of the Capital.
---page break---
Quibus
27
No cause ought
to be excluded
from the benefit
of appeal: the
grounds of appeal
applying
to one sort as
well as to another.
Quibusot 28
No cause ought
to have fewer or
more appeals than
another – for the
same reason.
Quibusot 29
TheCauses difference
from one another
in point of difficulty
as well as
importance
as between causes
individual & individual,
not between
sort and sort.
Quibus 30
In point of importance
no cause
is of too little importance
to be
denied appeal
if the party choose
it & will take all the
danger & inconvenience
upon
himself.
Quibus 31
Except the case
where the certain
gain in by delay leaves
a man no motives
to prevent him
from producing delay malâ fides
---page break---
Curia 32 pura
The same Court
ought not to have
jurisdiction immediate
& appellate
at the same time.
1. The division
will leave law badly made
f every Court has
after doing the immediate
business
that belongs to it
has time enough
for Appellate.
Curia 33 pura
2. If any immediate Court
had so much superfluous
time
it would be the Court
of some thinly inhabited
territory.
But such Court
having the worst
public is on that
important account the least
fit for the purpose.
p. 10, 12.
Curia 34 pura
3. An immediate
Court must on occasion
be ambulatory
– An Appellate
Court may
will as such be always
sedentary –
all the evidence it
has to pronounce
upon coming ready
to its hands. p. 11
---page break---
Judices 35
4. The Judges of the Appellate
Court to possess
more confidence
in men who by repeated
Elections have had most proof of confidence
a more unquestionable
deputation
for the qualities
requisite should
possess more experience;
it be of
a longer standing
than him of the
immediate.
Cur non
Incom 36
Inconveniences
of allowing appeals
1. Delay on the
part of the Deft
thence injury
to the Plaintiff.
2. Time consumed
on the part of
the Judges
thence expence
to the public.
3. Vexation Expence
& vexation
occasionable
to either party
by another party.
Quot 42
The opinion of the
public as is likely
to be fixed after by two
Appeals (if not after
one) as by any greater
number, considering
Counsel &c.
Com 41
4. Less necessity
of many Appeals
under the Statute
than under the
Common Law.
p See No 3.
---page break---
Mutual 37.
Appeal ought
to be claimable
by either party
even in penal
cases – Post off
to Appeal in
Procedure.
Curia 38.
Appeal should
go to a District
Court, a Sub-department
Court
or a Department
Court according
to the quantity of
business & thence
the number of
Courts necessary.
Quot 38
Number of stages
of Appeal proper.
1. No number can
afford perfect security.
30
2. The number necessary
is infinitely
lessened by publicity.
40
3. Publicity will
not supersede appeal
altogether,
because the
judgment of the
public on the degree
does not spread is not known till
after the decree has
been given: and
the apprehension of
the judgment of the
public is not a security
for intelligence
as it is for probity.
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