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14 April 1805 1
EvidenceProcedure Appeal
(1 §§.1.
B. in Ch. Of the Rehearing Revision of and Removal of Causes Suits.
B. Of Revision: including Rehearing and Removal.
Ch
By the words Rehearing and Removal two objects are presented, the
between which the connection is altogether interests. The consideration
of either supposes the consideration of the other.
1 In what cases, if in any shall they respectively take place?
2. In each case shall both take place, or either, and
which in preference to the other?
3. At whose instance shall they respectively take place
Under the natural system the solution of these problems, the principles —
by actual the option between the one arrangement with the reasons for the system, and the other — is
altogether extremely simple. Under the technical System, under the
influence of the sinister interest by which the plan direction of
that System has been determined, the arrangements the principles
of division are to be found and the arrangements actually
exemplified have been made diversified and complicated.
Injustice, in some shape or other, is alledged to be done —
What is the cause of it? From what cause 1. Is the fault in the Judge? Then and
in that case only, alone comes arises to ground for removal: — for
referring the cognizance of the cause to some other Judge: to some other Judge
on whose part in such cause of unfitness shall be to be found.
2. Is the fault does the fault lie elsewhere than in the Judge? There may
be a ground for another hearing before the same Judge: there can
be none for removing the cause from him to any other Judge.
Identifier: | JB/057/103/001 "JB/" can not be assigned to a declared number type with value 57.
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1805-04-14 |
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057 |
evidence; procedure code |
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103 |
evidence |
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001 |
b. / of the /rehearing / revision and removal of /suits / causes/ / b. / of revision: including rehearing and removal |
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text sheet |
1 |
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recto |
d1 / e1 |
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jeremy bentham |
1800 |
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1800 |
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18433 |
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