JB/091/106/001

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24 Decr 1806
Scotch Reform To Ld Grenville

of the two species of or forms of judicial misconduct, to
misdecision and delay, the one positive, the other negative, to one or other of which, when
considered in a logical point of view every species of misconduct
which can take place is resolvable the one which is
the easiest to cope with – the grievance to which the legislator
finds with least difficulty in applying an adequate remedy, is
misdecision: the one which he finds it most difficult to
cope with, is delay. A plan system of superintendence which
has no application to delay, does but little more than half is deficient by little less than half
its duty: it leaves altogether without a remedy little less
than half the mass of mischief to which a system of procedure
aims or at least professes to aim at obviating. A plan system
of superintendence which in respect of its application to delay acts with imperfect
efficacy, remains at a degree of efficiency inferior efficacy, that of
to what might be given to it remains so long as the deficiency
is now continues remains applied, remains on the part of the legislator a monument either of the unbending of or
of negligence or of the negligence of the legislator.

Against misdecision, the remedy, I have said, is
plain and easy: if to the prejudice of either side the defendant – in toto,
reversal: if to the prejudice of the plaintiff in toto, decision in his favour de novo: if to the prejudice of
either side pro tanto, modification: modification, performed
by substituting to the decision pronounced below, a decision –
not opposite, as in the case of reversal, opposite, but different.

Identifier: | JB/091/106/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1806-12-24	Marginal Summary Numbering	10-11
Box	091	Main Headings	scotch reform
Folio number	106	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	e6
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29102
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