JB/057/128/001

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21 June 1804

Procedure

B Revision
Ch Removal
(4

Let both parties join in the removal, the case is altogether
different. Oppression is now out of the question — the convenience advantage
is mutual: the persuasion mutual of a superior chance
in favour of good justice.

The only party whose interest remains now to be considered
is the public at large. Have the The metropolitan Court
already in established activity has it then enough to admitt of its bearing
the burthen that may flow in upon it from this source?
If not an additional Court must be established for this
purpose. Will Does the advantage to be looked for from such new
Court be promise a sufficient equivalent for the expense?

Remains the case where the person t in whom the power
of removing the cause is lodged, is the Judge of the issue — This Judge will
be either the Judge of the infer Court below, or the
Court above.

In neither shall we see that sort of hand in which it is
proper that a power of this sort should be refused.

In the Judge below of the Court below? A power of this sort
is will be a right to be shrunk from duty — a right to be lazy, and
rid his hand of business.

In a Judge of the Court above? A power of this sort
will be a right to practice extortion and oppression:— a right
to make business, to make business for his own profit if not
in the shape of profit, at any rate in the shape of power and or
patronage.

That it should be the interest of Judge A to diminish his that Judge A should be disposed to give make an undue
from the quality of his own business, while it is the Judge B is disposed to make an equally undue
addition to the quantity of his, he is a supposition in which nothing
like inconsistency is involved: a sinister interest may be is a cause
equally competent to the production of both these seemingly opposite effects
Judge A for instance has a Salary and no fees: Judge B a Salary but fees: or having or not having a salary,
having or not having fees, he has
the power of appointing subordinates
whose services
moreover in any way
with the quantity of
the business that
passes through
their
hands.

Identifier: | JB/057/128/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-06-21	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	128	Info in main headings field	procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18458
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