JB/091/222/001

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14 Feby 1808

Another way in which the liberty allowed of indecision
assumed by the Judges Lord Ordinaries in their character of Ordinaries tends
to produce misdecision is by taking away the faculty of Appeal.

Abstraction made of any difference in this respect
between one sort of cause and another, either the faculty
of Appeal is favourable conducive to the ends of justice, taken together in the aggregate
or it is unfavourable. If unfavourable it ought not to
be allowed at all: if favourable it ought not to be
suffered to be taken away.

As often as it happens In every instance in which
a Lord Ordinary, instead of pronouncing a definitive decision
a Lord Ordinary, sends it up for decision to the Inner
House, the faculty of Appeal is taken away extinguished: the
benefit advantage of being reconsidered by a def judicatory differently
composed is an advantage of which the unsuccessful
party and the interests of justice are deprived divested.

In determining whether to have the cause in possession
of this advantage, or divested of it, the Judge is not
under any the slightest obligation of paying regard to any
other consideration than that of his own personal convenience.
Of the reasons or causes of such his decision determination no account
does he render to any one in any case.

Identifier: | JB/091/222/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-02-14	Marginal Summary Numbering	28-30
Box	091	Main Headings	scotch reform
Folio number	222	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e16
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29218
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