JB/057/104/001

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6 August 1805 1

Evidence Procedure

Procedure removals
Ch. 1.
(1

Book Ch. Of Removals.

In any and what cases, in any and what stage, shall
a cause, which has been begun, instituted or according to the regular
distribution of jurisdiction, ought to be instituted, be removed
into another?

Supposing any one such removal established, viz: from the
immediate Court to an Court ulterior, and in this respect a superior Court,
ought any pr in any and what cases ought any and how many other ulterior removals to be allowed, to so many
superior Courts, rising them one
above another in favour
and dignity? In other
words ought these in any
and what cases to be more
than two, and how many
more than two degrees of
jurisdiction to be established?

Leaving the door the door being left open to exceptions on specific
grounds, a bare glance at the list of the ends of justice is
sufficient to give a negative for the general rule a sweeping
negative. Of every such removal additional expence, vexation
and delay will be the necessary concomitants.

Such being the general reasons against removal, and these
reasons decisive in failure of preponderant reasons on the other
side, what reasons on the other side does the nature of things
afford?

The answer is — under the natural system, this reason
and this only — suspicion entertained of the comparative personal competency
fitness of the Judge a quo: viz: in comparison of that of the Judge
ad quam.

Question — A suspicion of this sort how is it consistent with
the continuance of the Judge ad qo a quo in his office? Is it
right that the office should continue encumbered with with a Judge who
by the supposition is not fit for it?

Identifier: | JB/057/104/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1805-08-06	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	104	Info in main headings field	[[info_in_main_headings_field::[evidence deleted] procedure]]
Image	001	Titles	of removals
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18434
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