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24 Decr 1806
Scotch Reform To Ld Grenville
In addition to Appeal, or in lieu of Appeal, the
practice of the Court of Sessions, as alluded to in this Resolution
(Resolution the 10th) admitts of two other modes of Removal
– Advocation and Suspension.
As to Advocation, considered as a remedy against
misdecision what can be the use of it?
1. Let it be Is it at the instance of the Plaintiff that the superordinate
Court is applied urged to take the cause out of the hands of the
subordinate Court? – But why? what possible reason can given in point of
there be for it? Decision none, misdecision is impossible. What
were the grounds for committing the cognizance of the cause
to the subordinate Court, the Court within reach a moderate distance of the abodes of
the parties? Saving of delay, vexation and expence. For
what reason should an enhancement of all this mass of inconvenience
be produced at the requisition of either party side of the parties. The application Can it be
productive of any other effect, can it have had any other object,
than the enhancement of all that mass of collateral
inconvenience – in a word than the oppression of the party
on the other side.
Oh, but, partiality was expected suspected – was even experienced.
In the present case The mischief by the supposition, if it take place at all
it will be in the shape of misdecision – of mere misdecision without
delay: wait then for the decision, if it be erroneous then
is time of to apply for removal: if not erroneous, then there
is no ground for it. But removal if not till after decision
removal is not advocation, but Appeal.
Identifier: | JB/091/113/001 "JB/" can not be assigned to a declared number type with value 91.
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091 |
scotch reform |
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scotch reform to ld grenville |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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