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27 Jany 1807
Of this 10th Resolution the subject is removal of a cause
from any subordinate Court to the Court of Sessions, in quality of
super-ordinate: and the object if it is, upon the face of it, prevention
of superfluous delay vexation and expence.
In the Scottish system of procedure (not to speak of the English), if my conception of the
matter be right, removal of causes from Court to Court
is productive of those inconveniences in two very distinguishable ways: by
allowing the removal at a wrong stage, and by effecting it
in the wrong mode: and in particular in a mode more attended with
more delay, vexation and expence than for the
purpose of security against misdecision is attended with any use –
at least any adequate use.
As to the mode of proceeding, I take for granted the one
proposed by the learned Reformer in the character of a substitute
to the mode in present use, is in respect of those collateral inconveniences
much less unconformable to the ends of justice: the Bill
Chamber, in which so many causes have and for such length of time "stuck adherent
"and suspended hung" is, I perceive became a by-word even
among lawyers. But
But the less doubt I have of the superior utility of
this newly-proposed mode, the less more concerned I am to observe
how small the chance is of its being employed, in the case
in which the call for it is loudest and most frequent.
Identifier: | JB/091/098/001 "JB/" can not be assigned to a declared number type with value 91.
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jeremy bentham |
iping 1804 |
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