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3 Novr 1807
True it is, that the legal science of all 12 the whole of those
Judges is at the command of the House: but⊞ ⊞ but besides that those such invocation is not the ordinary course, but rather comparatively operating but an unusual incident, and that to know when additional science is necessary is itself matter of science, when from the
four Judges of the King's Bench the appeal has been to the
eight remaining of the 12 Judges in the their character of Judges
of the Exchequer Chamber, and from thence to the House of
Lords, the additional stroke of science desirable from this
source will not appear be found to be very considerable, will be
found to amount to nothing, having been exhausted by the preoccupied and already
expended on the subject in and by the Courts below.
Nor in an to Equity case will the chances
probability of superior science appear to stand on any
very different ground: whether the appeal be from the
Cha four Equity Judges, the Judges of the Exchequer, sitting
in their Equitable capacity to the Chancellor in his character
of Speaker of the House of Lords, or from the
Chancellor in his character of sole Judge of the Equitable side of the Court of
Chancery to himself in his before mentioned character of Speaker of the
House of Lords.
In an Irish case cause whether it be a Common Law
case or an Equity case the superiority on the side of Chanc of the chanc
superiority sufficient for the purpose in question will
be found on the part of the House of Lords: whether it
be from the four Judges of the Irish Common Law Court to
the one Ju Equity Judge the Chancellor, as before, or
even from the one Irish Equity Judge, to the one English
Equity Judge. Admitting that in the person of a Chancellor
superiority of legal science is always retained in the and for the major
more important kingdom which inferiority in the same endowment is left to
find its way into the less important still in cases arising out
of the local peculiarities of Irish law the appeal must
may will certainly be not infrequently of the nature of an
anticlimax.
Identifier: | JB/106/215/001 "JB/" can not be assigned to a declared number type with value 106.
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1807-11-03 |
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106 |
scotch reform |
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215 |
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1 |
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recto |
d3*** |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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1804 |
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34803 |
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