JB/057/124/001

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29 July 1804 1

Procedure

XV Removal
Ch. before Judgment
1

Ch. English Law Removal by before Judgment — English Law
Certierare

A writ whereby a cause is removed before judgment from
An arrangement authorizing the removal of a cause from an
inferior Court The So removal of to a superior is an upon the face of it unreasonable
and oppressive. Upon the face of it, it is complaint
without cause. Complaint, not of a wrongful decision given,
but of a decision not given, but which it is taken for granted,
without proof or possibility of proof would have been wrong, if it
had been given.

A The right of removal in this case may be given either
1. To both parties on their agreement for the purpose, and without special
cause shewn
2. To either party alone without special cause shewn
3. To plff and not to deft without special cause shewn
4. To deft and not to plff without special cause shewn
5. To the Judge alone: viz: the Judge of the Court adquam.
without special cause shewn
5. To the Judge at the instance of either party for special
cause after hearing objections from the other party.

1. In the first case, whatever other inconvenience may ensue, to the parties by
the impposition, there is none that is not merged in a preponderant
convenience.

2,3,4 In cases 2d 3d & 4th it has the appearance prima face an arrangement
for the benefit of the party who is the in the wrong, putting
in his power, in case of superior opulence, to oppress the party
who is in the right.

Identifier: | JB/057/124/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-07-29	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	124	Info in main headings field	procedure
Image	001	Titles	ch. / english law removal before judgment - english law / certiorari
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks	cw 1799
Marginals		Paper Producer	c. abbit lees
Corrections		Paper Produced in Year	1799
Notes public		ID Number	18454
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