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14 Feby 1807
1. In the judicat judicial establishment of England it is
without a parallel.
In The Court of Chancery on the Equity side are contained
two perfectly distinct judicatories: that of the Lord Chancellor, and that
of the Master of the Rolls. From the In matters of Equity,
the field of their jurisdiction has the same limits. Thereupon
that extent an Appeal lies from a decree of the Master of
the Rolls to the Lord Chancellor. But the Master of the
Rolls when once he enters upon a cause ends it; to him
it is not allowed to finish a cause or to send it up unfinished
to the Lord Chancellor at pleasure.
From the Common Pleas Thus much as to much for the two single-seated judicatories:
now turn now to the three many-seated, the three four-seated
judicatories.
From the Common Pleas under the name of a Writ of
Error an appeal lies to the King's Bench. But the Judges
of the Common Pleas do not report causes to the King's Bench:
to them it is not allowed to finish their business, or send it up
unfinished as they please.
From the King's Bench a like appeal lies to the one
of the Exchequer Chambers. No reporting here.
From the Exchequer like appeal to the other Exchequer
Chamber: no reporting here.
A few seeming exceptions will on a clear view afford
but a confirmation of the general rule.
1. In the Equity side of the Court of Chancery, a the sort of subordinate Judge
called a Master makes what are called Reports to the Chancellor
or the Master of the Rolls to whichever of the two the cognizance of the
cause has been attributed. True, but to by the Master no decree, final
or so much as interlocutory is ever made. Whatsoever business he performs
he is bound to perform: he beholds no sort of business which he may choose
whether he will do or not
do as he pleases: and
in this it is that the
grievance consists.
Identifier: | JB/091/208/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-02-14 |
5-6 |
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091 |
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208 |
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001 |
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1 |
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e3 |
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jeremy bentham |
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29204 |
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