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15 Feby 1808
I do not mean to say that of the different modes
of application to the power of a superordinate judicatory
for remedy against the different modes of injustice
of which a subordinate judicatory is liable to become
the theatre that which is designated by has received the appellate denomination
of appeal is of itself sufficient to answer
in every case the demand of justice.
By the extension given to it its signification in the procedure
of the English Spiritual Courts appeal may it is
true be considered as including that mode of application the
which has for its object alledged ground an undue degre improper length
of delay, and for its object such orders as may
have the effect of giving dispatch to the proceedings
of the inferior judicatory Court below, and so in regard to
kindred evil of denial of justice.
But where the in the article of place the
field of jurisdiction of the inferior judicatory wants
anything of being coextensive with that of the superordinate
cases every now and then happen have place in which
no without the aid of power less than that of the sup without recourse
the for want the deficiency renders is sufficient of itself to render the power of
the inferior judicatory inadequate to the purposes of
justice. This will be the case case will be exemplified as often as some
the local situation of some person or some thing the forthcomingness
of which is necessary either in the character of
a source of evidence or that of a part and parcel of the
matter of satisfaction or subject matter of punishment is necessary
to the purposes of justice,
fails of being subject
to the authority of the
judicatory in which
the suit is instituted.
Identifier: | JB/091/236/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-02-15 |
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091 |
scotch reform |
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236 |
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001 |
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text sheet |
1 |
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recto |
c6 / c4 / d30 / e27 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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29232 |
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