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<p><!-- pencil -->3 Nov<hi rend="superscript">r</hi> 1807</p>
''This Page Has Not Been Transcribed Yet''
<p>True it is, that the legal science of all 12 <add>the whole</add> of those<lb/>
 
Judges is at the command of the House:  but<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> but besides that <del>those</del> <add>such</add> invocation is not the ordinary course, but <add>rather</add> comparatively operating <del>but</del> an unusual incident, and that to know when additional science is necessary is itself matter of science,</note> when from the<lb/>
 
four Judges of the King's Bench the appeal has been to the<lb/>
 
eight remaining of the 12 Judges in the <add>their</add> character of Judges<lb/>
of the Exchequer Chamber, and from thence to the House of<lb/>
Lords, the additional stroke of science desirable from this<lb/>
source will not <del>appear</del> <add>be found</add> to be very considerable, will be<lb/>
found to amount to nothing, having been exhausted by the <add>preoccupied and already<lb/>
expended on the subject in and by the</add> Courts below.</p>
<add></add><p>Nor in an <del><gap/> to</del> Equity case will the <del>chances</del><lb/>
probability of superior science appear to stand on any<lb/>
very different ground:  whether the appeal be from the<lb/>
<del>Cha</del> four Equity Judges, the Judges of the Exchequer, sitting<lb/>
in their Equitable capacity to the Chancellor in his character<lb/>
of Speaker of the House of Lords, or from the<lb/>
Chancellor in his character of sole Judge of the <add>Equitable side of the</add> Court of<lb/>
Chancery to himself in his <add>before mentioned</add> character of Speaker of the<lb/>
House of Lords.</p>
<p>In an Irish case <add>cause</add> whether it be a Common Law<lb/>
case or an Equity case the <del><add>superiority on the side of</add> Chanc <gap/> of the chanc</del><lb/>
superiority sufficient for the purpose in question will<lb/>
be found on the part of the House of Lords:  whether it<lb/>
be from the four Judges of the <add>Irish</add> Common Law Court to<lb/>
the one <del>Ju</del> Equity Judge the Chancellor, as before, or<lb/>
even from the one Irish Equity Judge, to the one English<lb/>
Equity Judge.  Admitting that in the person of a Chancellor<lb/>
superiority of legal science is always retained in the <add>and for the</add> major<lb/>
<add>more important</add> kingdom which inferiority in the same endowment is left to<lb/>
find its way <del>into</del> the less important still in cases arising out<lb/>
of the local peculiarities of Irish law the appeal <del>must<lb/>
may</del> will certainly be not infrequently of the nature of an<lb/>
anticlimax.</p>
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Latest revision as of 16:04, 1 April 2022

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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.

Date_1

1807-11-03

Marginal Summary Numbering

Box

106

Main Headings

scotch reform

Folio number

215

Info in main headings field

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d3***

Penner

jeremy bentham

Watermarks

iping 1804

Marginals

Paper Producer

bernardino rivadavia

Corrections

Paper Produced in Year

1804

Notes public

ID Number

34803

Box Contents

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