JB/052/522/001

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1823. Octr 28.
Constitutional Code. Procedure
Ch.
§.
16. 46
Maximisation of
facility of judicial
intercourse from judicatory
to judicatory

To maximize for all these several purposes
the facility of intercourse between Judicatory
and Judicatory, will be among the cares
of the system of procedure. For this purpose alone,
were it applicable to no other, the sort of establishment
so extensively known under the
name of the Letter post, or for shortness the post
might be worth instituting and keeping on foot
where it is not instituted, and keeping on foot.

47
Transmission of the
Record itself instead
of a transcript

By the transmission of the Record itself
from the Immediate to the Appellate Judicatory,
instead of a transcript, delay vexation and expence
may to no small an amount be saved.
A transcript would indeed require no more time
than the original, for its conveyance. But, for
the transcription time in no small quantity
will be requisite. This time can not easily
be other than official: and of official time thus
employed, the quantity can not easily be otherwise
than limited: documents liable to be of
such importance can not safely be located,
though for ever so short a time, in any other
than well known hands. In English procedure,
the transmission of a record in the original from
an Immediate to an Appellate Judicatory, is
familiar practice. It is the result of the sort
of imperative decree, known to Lawyers, by the
so unexpressive appellation of a writ of certiorari,
or for shortness a certiorari. In this case, the document
continues at the seat of the Judicatory
by the authority of which the transmission of it was exacted.
By retransmission, the purpose of Justice may be better served: but among the
purposes of the system here in question, the purposes of
Justice never have had, nor ever could have had place.

Identifier: | JB/052/522/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10-28	Marginal Summary Numbering	46-47
Box	052	Main Headings	constitutional code; procedure code
Folio number	522	Info in main headings field	constitutional code procedure
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c16
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17195
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