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16 May 1807
Distinct as this object is from that of prevention of misdecision
and delay in the instance of any each individual
court taken separately, much still more so is it determinate and conspicuous
is the distinction when applied to the aggregate
mass of suits instituted within a given space portion of time.
In the case of any and the decision pronounced in
any point in any given individual suit, supposing the decision erroneous,
ultimate misdecision can not on that same point
can not be prevented, the decision so deemed to be assumed to be erroneous
cannot be prevented from taking effect, unless it be
The state of things be such case be such that it be known: by from
whatsoever superordinate authority it the error receives its correction, it
cannot be corrected by any person or persons without them
knowing what it is.
But taking the whole number in the aggregate in a mass of judicial decisions
pronounced in the several subordinate Courts within a given
length of time, what may very easily, and indeed in truth much
too easily happen, is – that, while in the instance of
some suits parcel of that mass suit the decision pronounced
in them was known, and being so known another parcel a smaller portion
of them being deemed erroneous receives correction accordingly
– in such sort that in these instances though the
decision pronounced in the first instance fell under the case
of misdecision, yet that ultimate misdecision was in that
case instance prevented from taking place – at the same time in the
instance of other suits composing smaller parcel and perhaps
much the larger parcel of that aggregate mass the decisions
pronounced remain, altogether on the part of the superintending judica tureauthority
altogether unknown: in so much whence it follows that whatsoever in that parcel
then of the mass aggregate mass, in whatsoever and not how many soever instances it
may have happened that misdecision took place, in all those instances the error
has remained uncorrected.
Identifier: | JB/106/183/001 "JB/" can not be assigned to a declared number type with value 106.
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