JB/081/154/001

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1829 May 6
Petitions

Experimental Institution
(8 Proposal

20
Objection — Appeal thus
given from the highest
gifted Judges to unlearned
Commissioners Answer
Use of appeal — 1 Responsability
to Public
Opinion Tribunal 2
Uniformity of decision
Superiority of power no
proof of superiority of
appropriate aptitude

Art. 20 Objection. What The world turned
tipsy-turvy is, in this case the arrangement state of things you proposed.
For a Commissioner of Dispatch no any special quantity question stock of
law learning pronounced needless, yet to Judges thus ungifted
appeal from the highest gifted Judges those of the Equity Courts
and Common Law Courts — proposed you propose to be allowed: Answers
Uses of Appeal these. Use 1. By sense of responsibility, at
any rate to the Public Opinion Tribunal, a contract kept applied to
the conduct of the Judge below. 2. Uniformity of decision and
doctrine secured as between all the several subordinate
acting under the same superordinate Judicatory. However
Two uses these both of them unquestionable and appable:
not so that correctness of the informat superiority of in power is conclusive evidence
of correspondent superiority in appropriate aptitude.

21
Cases less suited to the
experiment Examples

Art. 21 Of Cases not suited, or less likely to be
found suited to the purposes of the experiment: examples are as
follows.

I Cases of collection
and distribution of
pecuniary propriety

1. Cases requiring the collection and distribution of
the matter of a pecuniary fund be such that to the number
of them of which it may happen to be comprized no limit
can be assigned. Reason. For such collection and
distribution machinery will be requisite such as it can not
be or stands already attached to the existing Equity Courts,
to wit that composed of the Masters in Chancery: machinery
of a permanent sort, and which on that account it
would not be advisable to attach to the here proposed merely
experimental Judicatory.

☞ Here insert the before written examples of detail

For these case under proposed system local
judicature the role
adequate judicatures

Only by the p local judicatories as under the here
proposed system could can machinery adequate to this purpose
be supplied

Maddocks I. 79. "If a question of law be expressly referred
to an arbitrator, there, though the arbitrator is wrong in his conception
of the law, the Award can not be rescinde"

Identifier: | JB/081/154/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-05-06	Marginal Summary Numbering	20-21
Box	081	Main Headings	petition for justice
Folio number	154	Info in main headings field	petitions
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e8
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25941
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