JB/057/126/001

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20 June 1804

Procedure

Revision
Ch. Removal

(2 §§ Engl. Law Certiorari

If removed by any body the cause person by whom the cause
is removed will be either the plaintiff the defendant — the
plaintiff or the Judge. Note

By the party defendant on what pretence ground should any such removal
be allowed? I mean always in contradistinction to
appeal and that is viz: at any stage prior to that of decision
viz. alternate decision decision of the main point /in the substance of the cause — decision upon the merits.

By the legislator, the local Court has been instituted of. (a) Removal, where it is by
the Judge has been called
Revocation.
So what ground Why? a Court to which suitors shall b apply for
justice, instead of being obliged to travel to the distance of the
metropolis in search of it.. On what grounds? On this
that the any superior chance in favour of intelligence or appropriate
probity in the one place station was not great enough to be paid
for by the certain and unavoidable excess of vexation expense and
delay at the other. But one of the parties — the deft wishes
for the removal, and accordingly he being by the supposition
having the option, effects it. What does this prove? — that
the removal suited the purpose of him who effected it nothing
more. What is possible, is — that the supposed superior chance in
favour of direct justice — the direct justice of the case was the his motive
consideration by which he was favoured. What is much
more probable is that it was the vexation, expense and delay,
inconveniences which in his favour would be transformed into
advantages, if in either of two cases: — if the plff, through
dread of inconvenience, withdrew ceased his pursuit: or if,the
persevering in it notwithstanding, the ratio of their respective
circumstances was were such, that the deft could view see in the superior
weight of the burthen upon his antagonist, for a quantity of the pleasure
of revenge sufficient to constitute an adequate satisfaction for the part
borne by himself.

Identifier: | JB/057/126/001 "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	126	Info in main headings field	procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18456
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