JB/091/209/001

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14 Feby 1808

These seeming exceptions will on a second view afford but
a confirmation to the general rule.

2. From the Circuit in criminal cases – seldom but in
capital or next to capital, cases are sent referred off for decision
referred to the 12 Judges from the single-seated ambulatory
Judicatory to that many-seated fixt one Judicatory.

But like the circumstances in which this sort of reference
is made and those in which the reference is made from the an
Ordinary to the Inner House, there is a wide and material
difference or rather no resemblance. In the case of the English reference the facts of
the case are all determined, and the determination of their forms
as part of the reference. The questions points on which the opinion
of the twelve-seated judicatory is called for are already
liquidated and narrowed to a point: most commonly but one
single question: always in some determinate number and
that a small one.

For the reference thus made there is a two particular
reasons, and that neither of them having a reason which has no application to the
reference made from by the Scotch Lord Ordinaries. The English Judge
is travelling past with limited quantity of time for the despatch
of an unlimited quantity of business: and while travelling past
he is dealing out sitting on life and death. The Scotch Lord
causes that come under the cognizance of the Scotch Lord Ordinary
are almost exclusively causes purely civil: and whether be the
cause what it will, whether he decides it or sends it up undecided
– whatever he does with it – anything or nothing, he takes
his own time for doing it.

Identifier: | JB/091/209/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-02-14	Marginal Summary Numbering	7
Box	091	Main Headings	scotch reform
Folio number	209	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks	th 1806
Marginals	jeremy bentham	Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29205
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