JB/057/117/001

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7 August 1805

Evidence Procedure

Procedure Removal
§§ Remedies against delay
&c
(1

Ch. or §§
Remedies by removal or otherwise to misconduct
otherwise than by misdecision, on the part of the Judge below.

Misdecision,as we have seen though the most direct, is not the only means by
which a suitor may be made to suffer ultimate injustice injustice, ultimate as well as incidental by the
misconduct, wilful or not wilful, on the part of the Judge. By whatsoever
other species of misconduct the mischievous effect is may be liable to be
produced, [+] [+] delay, and thus deprivation
of evidence, neglect or refusal
to take the requisite measure
for ensuring forthcomingness
on the part of persons and
things, for securing justiciability
in other respects on
the part of the parties or either
of them, wilful or wanton
imposition of unnecessary
expense. there is the same need of a remedy, and of the remedy
here in question, viz: removal of the cause, if there be no other equally
apposite.

In these several cases, Here as in the case of misdecision, the option will lie between
removal of the cause, to the Court above removal, and deputation and justice directed addressed to the
Court Judge below, directing him what to do, in reparation of that which he
has done amiss: removal of the cause to the Court above: deputation
of some person, chosen by the Court above, to take place
for the particular/individual purpose in question the place of the Judge above

Where no mala fides, nor any extraordinary deficiency in point of intelligence is suspected, justice will in every respect
be the proper measure: attended to parties and witnesses with less expense, vexation and delay,
less galling to the Judge feelings of the Judge below, less galling painful.

As Between removal and deputation, removal, where it can
be depended upon as sufficient, will for the same reasons as those
just given be the more eligible remedy. But it is not in every
case that it will be sufficient. can safely be relied upon The effect of removal
simple removal is confined to the pronouncing of some decision,
opposite and corrective with reference to that same decision which has been
pronounced in the Court below. Then in case of bona fides
on the part of the Judge below, will be in general sufficient; the seeing what
the will of the Court above is, his will set endeavours will be
directed of course to the carrying it into effect. But in the case
of mala fides, nothing less than the substitution of a well disposed
to the ill-disposed Judge will be adequate to the effect. On one pretence
or another difficulty, impracticability, erroneous judgment, oversight, he will whether
he does or does not any of those things which he ought not to have done, he will
do the have evidence those things which he ought to have done: persons, things,
occasions, every thing will slip though his fingers.

Identifier: | JB/057/117/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1805-08-07	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	117	Info in main headings field	[[info_in_main_headings_field::[evidence deleted] procedure]]
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18447
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