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Feby 1808
By this last consideration the mind is led to
II. Rule the 2d. No Inner House causes.
The consideration which in the character of reasons a reason call
for the establishment of this rule, have already has just been
brought to view in support of the preceding rule.
In the practise of the Court of Session the most causes have
in this point of view to this purpose been distributed into two classes.
Class the first – Outer House – causes which must in the
first instance be presented to the a Lord Ordinary sitting in the Outer House or Bill
Chamber: and In Class the 2d Inner House causes:
causes which cannot in the first instance be presented
to a Lord Ordinary, but must be presented in the first
instance to the whole Lords sitting in the Inner House.
Outer House Causes are those at which, taken in the aggregate
cover by far the greater part of the whole extent of the
field of judicature taken in its whole extent: Outer House causes form compose the class of
which the subject matter of the general rule. Inner House
causes constitute stand but as so many exceptions to that rule.
By which principle, if by any, has the practice been governed guided in the
selection determination of those exceptions? But improbable Probably enough, not by any
by like the rest of the system, by fraud and accident
combined in indiscernible proportions. But if by any, by
the principle abovementioned, viz. the notion of superior extraordinary difficulty
or importance.
Identifier: | JB/091/224/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-02 |
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091 |
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on ld eldons bill |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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