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1829. Feby. 26.
Abridged Petition
1. Case
X. Mischievous transference
☞ 7 Sept. 1829 Supposed superseded this.
1.
Transference, bandying,
oscillating –
what.
2.
Proper course, removal
none.
Exception for saving
preponderant
evil.
3.
Per Judge and Co. removal
always.
Sole exception, Trial
at Bar.
4.
Proper course.
From applicant, elicited
the maximum
of information – all
of it evidence.
5.
Removal – it's evil –
Primordial evidence
time, labour, money
wasted.
6.
In Recipient Judicatory,
if originating Judicatory's
evidence is
employed, record of it
must have been received,
or not.
7.
If yes, re-examination
useless, except
for confrontation, must
have had place, or not
if yes: labour no wasted.
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8.
Sole evidence, the
originally elicited
shape inferior
9.
Originally elicited evidence
not admitted,
either Justice is denied,
by the known inadmissibility
of it, or the
decision is grounded
on incompetent uncompleated evidence
– whence misdecision.
10.
Proper course.
Cases where transference
may be useful.
Case I. Preponderant
saving of delay &c by
transference to divers
judicatories – all
within reach.
11.
In case of doubt,
decide by lot.
12.
Case II. Judge, objectionable:
viz.
1. The person chosen
2. his conduct
13.
If his conduct, proper
course, appeal or
Quasi appeal.
14.
Quasi-appeal in every
case but where ultimate
decision has
been pronounced –
non-decision having
the effect of misdecision.
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Identifier: | JB/081/061/001 "JB/" can not be assigned to a declared number type with value 81.
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1829-02-26 |
1-14 |
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081 |
petition for justice |
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061 |
abridged petition |
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001 |
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marginal summary sheet |
1 |
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recto |
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john flowerdew colls |
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[[notes_public::"7 sept. 1829 supposed superseded this" [note in bentham's hand]]] |
25848 |
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