JB/091/104/001

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24 Decr 1806
Scotch Reform To Ld Grenville

On the part of a subordinate Court, if on the occasion of any a
cause brought before it, either the Court cause comes within the cognizance
or it does not: if it does not, let the conduct of
the Judge be ever so irreproachable free from misconduct in other respects, misconduct is
exemplified in the very first act done by him in it: fresh misconduct
is exemplified in every succeeding act. For this species of mist conduct, usurpation of jurisdiction is the
proper name: prohibition
with or without punishment,
the proper remedy.

Where on the ground of misconduct on the part of
an inferior a subordinate Court, having cognizance of the cause, the authority
of a superordinate Court is resorted to for relief in respect of in any the princi main points in question in the cases., the alledged
misconduct will have been considered as having
displayed itself in one or other of those shapes;– misdecision denial of
justice, misdecision, or delay. Vexation may indeed be
another ground of complaint: and in misconduct of this
description it may be the two not only parties but third persons of any description
& and in any number to be comprized. But as nothing no positive act
can be done by a Court of Justice, but in the way of judicature, nothing can be
done, which may not with propriety be considered as done by coming
from a decision to that effect, vexation so far as undue, may in this point
of view be considered as comprehended under the term misdecision:
misdecision in regard to some point which is
not among of the number of the main points in the cause.

Misdecision supposes the cause already commenced
and entertained: commenced by the Plff, entertained by the
Judge: it may be in its operation may be to the prejudice of the Plff in toto,
as by a compleat rejection of his demand in toto; to the prejudice
of the Defendant in toto, as by a compleat compliance with the
demand, to the prejudice of the Plff in part by a not
sufficiently extensive compliance with the demand, or to the
prejudice of the Defendant in part, by a too extensive
compliance with the demand.

Identifier: | JB/091/104/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1806-12-24	Marginal Summary Numbering	3-6
Box	091	Main Headings	scotch reform
Folio number	104	Info in main headings field	scotch reform to ld grenville
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3 / e4
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	29100
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