JB/081/328/001

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1829. April 4.
Petition.

+ + 33
(11) (8) (3)

Supplement.
§2. Elucidation.

After Petty Sessions
Appeal —
By this a suit is
transferred from summary
to regular or
Say technical procedures

Remains the case of Appeal. But of this
case mention is made only lest it should be regarded as
overlooked. For no sooner is a suit thus removed, whether
it be from the single-seated or from the many-seated
Justice-of the-Peace Judicatory, than up it flies into a
higher atmosphere, and for an indefinite length of
time is kept floating in an indefinite number of
strata, one after one above another, of the clouds of the regular
system; and strata at its arrival at its the first and lowest
strata, the suit of which it ceases to afford a subject matter
of that comparison, for the purpose of which the
Justice-of-Peace system is here presented to view.

Add also the case of certiorari: a case So, by Certiorari.
which, for the same reason, is here in the same manner
disposed of. Appeal is removal made on the persuasion,
or on the pretence, of injustice. Certiorari
is removal made without so much as the pretence
of injustice: made, with a certainty of controverting contravening the collateral ends
of justice in every case: as also the direct in every
case in which, on the suits on the suits side those in effect appealed from,
the party has not wherewithal to defray his part of the expenses.

In a statute having for its business the giving
extension to the Justice-of-Peace system, a clause
is commonly inserted, putting a veto to on the use of this

By any such use made the
purpose, good or bad, of the originators of the
end act would be contravention contravened

Whether it be in the explicit unintelligitonal disguised manifestly groundless and completely indefensible
form of a Certiorari or
in the intelligible and most defensible
form of an Appeal, it in the disguised may be matter
of serious doubt, whether under the existing system, all
recourse from a subordinate to a superordinate judicature
would not be better abrogated than continued. Abrogate
it, there would be a chance for injustice, and alas but too great a
chance. But continue it, — what has place is not mere chance
but absolute certainty of injustice: certainty in every individual
instance in which the above mentioned deficiency of pecuniary means has place

Identifier: | JB/081/328/001"JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-04-04	Marginal Summary Numbering	not numbered
Box	081	Main Headings	petition for justice
Folio number	328	Info in main headings field	petition
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c11 / c3 / d33
Penner	john flowerdew colls	Watermarks	street & co
Marginals	jeremy bentham	Paper Producer	antonio alcala galiano
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	26115
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