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24 Jany 1808
In the True it is that in the Justitiary Court this
better mode though in specie nature extended to civil causes of every description
better mode extends not into is in point of value confined to en civile causes under
£12 in value. But in the House of Lords the application
of it has no limits extends to causes not only of all sorts of all descriptions, but of the
highest value: not to mention so far as importance depends upon number that in point of number
causes the cases capable of being presented carried in the way
of Appeal to before the House of Lords are in the aggregate
inconsiderable in importance in comparison of those capable
of being conve carried to the Court of Justitiary
by that same mode of conveyance to the Justitiary Court.
True it is and notoriously so, that in the House of Lords Appeals
being f are detained to by that length of delay which
has swollen into a most crying grievance the length
of delay attached to the mode by Appeal is swollen to
that pitch the enormity of which gave occasion to the
recourse made on the present occasion to Parliament:
equally true it is that the delay is attached solely
to an extrinsic cause, viz. on the part of the judicatory the want of disposable time
applicable to that purpose, and in no degree o the mode.
True it is moreover again, that on Appeals to in the Court of Justitiary
justice is exposed to suffer from that precipitation which
is inseparably attached to the barbarian institution of
ambulatory judicatories. But in this case the precipitation
is no more attached to the mode of procedure
in this case, than the delay is in the other case. While In
hearing appeals in criminali, the Justitiary Court sits
still in Edinburgh, and sitting there in the habitual residence
of the members is not, or at least need not be, pressed
for time. And whatsoever be the name of the Judicatory, Court
of Session or Court of Justitiary that sits to hear appeals in civil
cases, it is just as easy for it so long as it sits still to apply to
its business the quantity
of time which the due
execution of that business
requires, whether when the
mode of procedure is
called Appeal as
when it is called Advocation
or Suspension
and when the causes
are of a civil nature, as
when they are of in a criminal nature.
Identifier: | JB/091/238/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-01-24 |
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091 |
scotch reform |
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238 |
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001 |
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text sheet |
1 |
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recto |
d1 / e2 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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29234 |
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