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15 Feby 1808
Those regulations established, another simplification which if consistency
were regarded would be a necessary consequence
of those former ones, would be the shutting up of that
the appellate intermediate judicatory which stands at present between intercepts
causes on their way from the Inferior Courts of every description
to the Inner House of the Court of Session: in a
word the shutting up that manufactory of useless factitious delay
vexation and expence – the Bill-Chamber.
Appeal under whatsoever name, would this go
for example from the several Sheriff's Courts all over the
kingdom to the Inner House.
If between the immediate, single-seated judicatory of a Lord Ordinary, who
had at the and the appellate judicatory of the Inner
House there be no need of any intermediate judicatory,
as little reason can need can there be between the immediate
judicatory of the Sheriff Depute, and the same superordinate appellate
judicatory: in specie and individually the same
in both cases no reason can be assigned why the on either side of the
cause, on the pltffs, or the defendants, a litigant should be
obliged to confined in his course to two stages of jurisdiction, or be
allowed to erect a third state, at his pleasure.
In Edinburgh the metropolis, different or not in official name
and title rank and salary, the Sheriff in function, and in
respect of proximity, logical as well as topographical to the supreme national judicatory the Sheriff would
not upon this be different from a Lord Ordinary. He would not;
and why should he?
Identifier: | JB/091/231/001 "JB/" can not be assigned to a declared number type with value 91.
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jeremy bentham |
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