JB/057/125/001

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20 June 1804

Procedure

B. Revision
Ch. Removal

(1 §§. Engl. Law Certiorari

§§. Of Removal from an inferior Court to a superior before judgment [by
Certiorari]

The barbarity of the practice indicated by the word Certiorari is
well asserted altogether of a piece with the barbarity of the language.

Rapacity the motive, vexation, expense and delay, oppression in
every shape the result.

From a provincial situation 300 miles distant, a cause
is called removed up to the metropolis: called up removed not for any special without the necessity of
reason, called up removed at the mere pleasure of either of the parties.

To judge of the utility of the institution, compare it with
that of appeal. Supposing If the institution of appeal be an ineligible one, much
more so must removal by certiorari: and even admitting
the institution of appeal to be eligible, certiorari will remain
not the less indefensible.

In the Court below either there is that chance for probability of justice which
is sufficient to warrant the establishment of that local judicature
or there is not: on the affirmative supposition it ought not
to have been instituted, and in that case the removal in
question would have no place: on the negative supposition, the
removal is without just cause.

Either the institution of the Court is a nuisance, or the
struck upon its authority is a grievance. In this
case, the effect of it is pure oppression: it enables operates as
a licence to tyrannise over the poor.

If both parties the case happens to be such that act bona fide each thinking justice
on his side. . or though one of them be not mala fide
if to either he is not rich enough to oppress, or his adversary is
not poor enough to be oppressed, in any of these cases the institution
is not mischievous. Why? because things go on just as they
would have done had no such institution been established. Both
parties agreeing in the abiding the decision of the court below: neither of them has recourse to a
for removing the cause to the
Court above.

Identifier: | JB/057/125/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-06-20	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	125	Info in main headings field	procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18455
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