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Appeal Contents
I Cur
1
Questions to be
considered in
relation to Courts
of Appeal. p. 1
2
Other heads that
must be borrowed
by anticipation
from the subject
of Procedure
1. Inconveniences
1. Remedies to the
inconveniences
of Appeals
2(a)
Other questions omitted
1. A
2. And mutations
3. Are in
penali? p. 2.
---page break---
I Cur
1
Ground for allowing
Appeals – Some
failure on the part
of the Judge. p. 1
Suppose no such failure
Rehearing is he proper
remedy.
2
Necessity of Appeals
1. Punishment alone
will not do. p. 1
3
– non publicity alone. p. 2.
4
On any other consideration
than the
chance of a failure
on the part of the
Judge appeal is
not necessary –
rehearing would
answer every purpose. p. 3.
5
Appeals necessary
from interlocutory
judgments as well
as from definition.
p. 5.
6
Ground of appeal
different according
as it respects the
question of law or
fact. p. 7.
7
Superior necessity
where it respects
the point of law.
p. 7.
---page break---
II Cur non
1
Inconveniences attending
the allowance
of appeals
1. although made
use of bonâ fide
p. 1.
2
2. its being
made use of malâ
fide. p. 1.
3
Bonâ fide appeals
are equally likely
to be preferred by
both parties. p. 3
4
Malâ fide are most
apt to be preferred
by the Defendant.
p. 3.
I Cur continued
8
Appeals 4 sorts.
1. from a decree
meant to be definitive –
or deter
2. Complaints of delay
3. Complaints of Suppression
of evidence.
4. Complaints of precipitation,
& thence
of indirect Suppression
of evidence. p. 9.
9
Appeals properly so
called if grounded on
the point of fact. Suppose
the body of evidence
compleat. p.
grounds for a decree
compleat. p. 10
10
So, if upon the mere
point of law. p. 10
---page break---
III Remedia.
1
Remedies against
the inconvenience
of appeal must
be borrowed by
anticipation from
the Code of Procedure. p. 1.
I Cur - continued
11.
Solutions for Complaints of
delay – necessity
of them. p. 11
12
2. of Complaints of Suppression
of evidence.
p. 10, 11
13
Suppression of
evidence –
different
ways in
which it may be
effected. p. 13
14
How it may be
effected indirectly
by precipitation.
p. 13.
15
Complaintsof
Suppression of
evidence require
not vicinity in
that Court complained
to, if the fact of
the Suppression &
the grounds if any on which
it is defended are
admitted. p. 14
16
But the filling
up the gap occasioned
by the
suppression does
or else a commission
to another
immediate Court
p. 15
---page break---
I Cur continued
17
Complaints of delay
if the facts are agreed
on require no
neighbouring Judge:
if disputed, a neighbouring Judge
by commission. p. 17
18
Complaints of delay
and of Suppression
of evidence
18
The occasion for such
commissions can never
be frequent enough
to warrant the giving
a Court of appeal to
every neighbourhood.
19
Such commissions
ought to be avoided
if they can be without
inconvenience.
p. 18
1. on account of the
delay of appeal
2. as being not perfectly
conformable
to the principles
relative of the choice
of the Judge of Appeal.
p. 19
20
Expedients for rendering
such the
occasion for such
commissions less
frequent.
1. Obligation on the
Judge to enter the
allegations in the
record. p. 18.
---page break---
VI Quot
1
Intermediate appeal
not necessary.
2
1. for the sake of
rectitude of decision
as to the
point of fact. p. 1
3
The real rectitude
as distinguished
from the apparent
or of small importance
in civilibus. p. 1.
4
2. nor as to the point
of law where turning
on the written
law. p. 2.
5
3. nor where turning
upon the
unwritten law. p. 3.
6
4. Nor as a
means of saving
expence; Supposing
the Court above
to judge on
no other documents
than were before
the Court below
& those transmitted
by the post. p. 5
7
5. Nor as a means
of saving time:
for the time saved
on the single Appeals
will not be equal
to that consumed
by the double ones.
p. 6
---page break---
VI Quot
8
Confining the intermediate
appeal
to the remote provinces,
a bad expedient:
for
1. Inequality of
burthen or benefit
2. Complication.
9
6. Nor for the sake
of getting a better
public in the Provincial
town than
the metropolis will
afford when broken
down by the multitude
of courts:
for a good public
will always go to
causes of expectation,
in proportion
to the degree of expectation,
that is to the degree in
which it is wanted.
p. 7.
10.
7. Nor for the sake
of saving the diminution
of dignity
on the part of the
Metropolitan Judges
by the encrease
of their number.
p. 7.
In causes judged
incompetent, no
fee to be given
by the Appellant,
without advancing
an equal fee for
the Respondent.
The Respondents
Advocate must have
a mixt business as
do as the Appellants.
---page break---
VI. Quot
11
The distinctions respecting
importance
and difficulty naturally
present the
old resource of metaphysical
& pecuniary boundary-lines
– a resource
equally obvious &
fallacious. p. 8.
12
Differences in point
of difficulty lie
not between species
and species
but between individual
& individual. p. 8.
13
So likewise differences
in point of
importance between
pecuniary causes.
p. 9.
14
Among civil causes
not pecuniary the
few which have a
distinct importance
occurr too rarely
to warrant the institution
of so
much as a single
Court. p. 10
15
In criminal cases
in some of the most
important causes, &
those by far the most
frequent the necessity
of preventing mala
fide appeals & the importance
of speedy execution
would dictate
an abridgement rather
than an enlargement
of the number.
---page break---
Another reason which
prevents the judging
of importance by the
of the .
A malâ fide vexatious
injury how small
soever the sum may
be of the highest importance,
because by
repetition it may be
swelled to any amount.
The benefit of
appeal where the
expence of it is reduced
by the expedients
above mentioned
may be extended
without inconvenience
to the slightest causes.
If there is no
mala fides, the loser
will
for an appeal upon
a small matter.
Mr
into his Court
with one hand, pushes
them out
with the other – He
gives to them invitation
and
reviles them for accepting
it.
Mr supposes
that the way to keep peace
in the Country is to have
no justice – Alas Sir
the spirit of chicane is
prevalent, the fault is
not in the people, but
in the laws.
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051 |
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appeal contents |
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marginal summary sheet |
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jeremy bentham |
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benjamin constant |
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