JB/057/115/001

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6 Aug. 1805 2

Procedure

Procedure Removal
Ch Conditions
(1) 2

Judgment of the Court
below should be provisionally
executed — why?

The contrary arrangement
is incompatible with
the propriety of suffering
the existence of the Court
or the Judge below.

The arrangement which suffers the judgment of the Court
below to take effect provisionally, notwithstanding the appeal, is so
obviously peremptorily demanded by the most obvious plainest rules dictates of policy and
justice, the contrary opposite one which under the testament system is the one almost universally established,
is so manifestly opposite to those rules, that this circumstance instead of being one of a million
would of itself be afford sufficient to prove, to the satisfaction of
an impartial mind, to which ends that system has really been
directed, and what objects it has all along been bent to sacrifice.
Let the number of instances (the individual instances) on which
the Court below decides aright be now so little superior to that of
the instances on which it decides wrong, the difference be it ever
so small, will be sufficient to justify the proposed arrangement,
to condemn the opposite one. But what should we say of a
judicature Judge — which decided wrong almost as often as it decided
right? If for Supposing him to decide wrong though it were
no oftener than once but of every ten times, would it be endurable
that he should be continued in the station of a Judge?

Of two things one: the Judge below, either he is not fit to
be trusted with his office, or in every cause that comes before him
he is fit to be trusted with the power of carrying his decrees into giving to his decrees a provisional
execution execution provisionally, notwithstanding appeal. Be the Court what
it will, if it be not fit to be trusted with this power, its existence is a
nuisance. I

If then mala fides were out of the question, no inconsistency
could b on the part of the supreme authority in judicial matters be
more flagrant than that of refusing to trust with this power withholding this sort of degree of confidence from
any person or description of persons the persons to whom it is thought
fit to intrust for any other purpose the powers attached to the judicial
office.

Identifier: | JB/057/115/001 "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	115	Info in main headings field	procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d2 / e1
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18445
Box Contents