JB/106/098/001

Click Here To Edit

10 March 1807

Under In the English constitution, a peculiar feature
and as it will be found appear, a feature of peculiar advantage, is
the separation so extensively made or endeavoured to be made
in the system of judicature between the question matter of law, and
the question of fact.

In so far as the separation is made, or understood
to have been made, the decision on the matter of law
is understood to be committed appertains, and is accordingly committed to the permanent Judge or
set of Judges: the decision on the matter of fact to the
impermanent, ever changing set of Judges, called the Jury.

In consequence of pursuance of this separation, the remedy applied
receives in the character of a correction to misdecision, receives in the two cases in the two cases a different denomination in the two cases, and
the application of it is governed by different rules.

It is only in the Common Law Courts that this separation
has place. When In the few instances (individual
instances) in which it is made under the authority of the
Equity Courts, it is made through the misdecision of the
Common Law Courts.

When the misdecision is regarded as having for its subject
the matter of law, the correction is administered applied by
the decision of a superordinate Court, made and the decision is called
Judgment for the Plaintiff in Error: and the application whereby
such judgment is prayed is called a Writ of Error.

Identifier: | JB/106/098/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-10	Marginal Summary Numbering	19-23
Box	106	Main Headings	scotch reform
Folio number	098	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c13 / e13
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34686
Box Contents