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<!-- date, heading and marginal notes in pencil --> <p>29 July 1804 1</p> <head>Procedure</head> <p.<note>XV Removal<lb/> <sic>Ch.</sic> before <sic>Judgment</sic></note><lb/> 1</p> <p><sic>Ch.</sic> English Law Removal<del> by <gap/></del> <add> before <sic>Judgment</sic> — English Law<lb/> <foreign><unclear>Certierare</unclear></foreign></p> <p><del>A writ whereby a cause is reserved before <sic>judgment</sic> from</del><lb/> An arrangement <sic>authorizing</sic> the removal of a cause from an<lb/>inferior Court <add>The <del>So removal of</del></add> to a superior is <del>an</del> upon the face of it unreasonable<lb/> and oppressive. Upon the face of it, it is complaint<lb/> without cause. Complaint, not of a wrongful decision given,<lb/> but of a decision not given, but which it is taken for granted,<lb/> without proof or possibility of proof would have been wrong, if it<lb/> had been given.</p> <p><del>A</del> <add>The right of</add> removal in this case may be given either<lb/> 1. To both parties on their agreement for the purpose, and without special<lb/>cause <sic>shewn</sic><lb/. 2. To either party alone without special cause <sic>shewn</sic> <lb/> 3. To <sic>plff</sic> and not to <sic>def<hi rend="superscript">t</hi></sic> without special cause <sic>shewn</sic><lb?> 4. To <sic>def<hi rend="superscript">t</hi></sic> and not to <sic>plff</sic> without special cause <sic>shewn</sic><lb/> 5. To the Judge alone: viz: the Judge of the Court <foreign><hi rend="underline">adquam.</hi></foreign><lb/> 5. To the Judge at the instance of either party for special<lb/> cause after hearing objections from the other party.</p> <p>1. In the first case, whatever other inconvenience may ensue, <add>to the parties</add> by<lb/> the imposition, there is none that is not merged in a preponderant<lb/> convenience.</p> <p>2,3,4 In cases 2<hi rend="superscript">d</hi> 3<hi rend="superscript">d</hi> & 4<hi rend="superscript">th</hi> it has the appearance <add><foreign>prima face</foreign></add> an arrangement<lb/>for the benefit of the party who is the in the wrong, putting<lb/> in his power, in case of superior opulence, to oppress the aprty<lb/> who is in the right.</p> | |||
29 July 1804 1
Procedure <p.XV Removal
Ch. before Judgment
1
Ch. English Law Removal by before Judgment — English Law
Certierare
A writ whereby a cause is reserved before judgment from
An arrangement authorizing the removal of a cause from an
inferior Court <add>The So removal of to a superior is an upon the face of it unreasonable
and oppressive. Upon the face of it, it is complaint
without cause. Complaint, not of a wrongful decision given,
but of a decision not given, but which it is taken for granted,
without proof or possibility of proof would have been wrong, if it
had been given.
A The right of removal in this case may be given either
1. To both parties on their agreement for the purpose, and without special
cause shewn<lb/. 2. To either party alone without special cause shewn
3. To plff and not to deft without special cause shewn<lb?> 4. To deft and not to plff without special cause shewn
5. To the Judge alone: viz: the Judge of the Court adquam.
5. To the Judge at the instance of either party for special
cause after hearing objections from the other party.
1. In the first case, whatever other inconvenience may ensue, to the parties by
the imposition, there is none that is not merged in a preponderant
convenience.
2,3,4 In cases 2d 3d & 4th it has the appearance prima face an arrangement
for the benefit of the party who is the in the wrong, putting
in his power, in case of superior opulence, to oppress the aprty
who is in the right.
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Identifier: | JB/057/124/001"JB/" can not be assigned to a declared number type with value 57. |
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1804-07-29 |
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057 |
evidence; procedure code |
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124 |
procedure |
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001 |
ch. / english law removal before judgment - english law / certiorari |
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text sheet |
1 |
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recto |
d1 / e1 |
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jeremy bentham |
cw 1799 |
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c. abbit lees |
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1799 |
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18454 |
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