JB/004/160/001: Difference between revisions

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Find a new page on our Untranscribed Manuscripts list.

JB/004/160/001: Difference between revisions

BenthamBot (talk | contribs)
No edit summary
TB Editor (talk | contribs)
No edit summary
 
(4 intermediate revisions by one other user not shown)
Line 3: Line 3:
<!-- ENTER TRANSCRIPTION BELOW THIS LINE -->
<!-- ENTER TRANSCRIPTION BELOW THIS LINE -->


''This Page Has Not Been Transcribed Yet''
<head>1830 July 26 M<lb/>
Review</head>


<note>Optimum<lb/>
reinquiry<lb/>
Removal<lb/>
<unclear>per J.B. 1</unclear></note>


<note>Reinquiry and Removal</note>
<p><add>Re-inquiry and</add> Removal as applied to Judicial inquiries</p>
<note>In any suit By every<lb/>
separate course of<lb/>
enquiry a fresh mode<lb/>
of <sic>expence</sic> &amp; delay<lb/>
generated</note>
<p>Take any individual suit whatsoever</p>
<p>By every separate course of enquiry applied to<lb/>
the <del><gap/></del> <add>relevant</add> matters of fact, real and supposed, which<lb/>
it has happened to the individual <unclear>send or furnish</unclear>,<lb/>
a fresh mass of expense and delay is of course generated.<lb/>
<del>To <gap/></del> Of the evils <add>evil</add> thus <add>correspondent and</add> opposite to the ends<lb/>
of justice, to render the mass as small as possible<lb/>
consistently with the other &#x2014; the main end of justice,<lb/>
namely right decision is of course on the part of<lb/>
M<hi rend="superscript">r</hi> Bentham among the constant objects of his<lb/>
endeavours</p>
<note>Under JB's system<lb/>
right decision among<lb/>
the constant objects</note>
<p>Of this theory, what in this instance is the consequence<lb/>
in practice</p>
<note>Exceptions excepted<lb/>
Removal &amp; reinquiry<lb/>
one and no more</note>
<note><del>For</del> <add>In</add> the Appellate judicatory<lb/>
no <del>fresh</del> additional<lb/>
mass of evidence but<lb/>
examination of the<lb/>
judgement of the Immediate<lb/>
judicatory on the <add>same</add> evidence<lb/>
as recorded by the Registrar</note>
<p>Exceptions excepted &#x2014; removal &#x2014; fresh <add>additional</add> enquiry<lb/>
one and no more, from the judicatory of <unclear>immediate</unclear><lb/>
jurisdiction to the Judicatory of appellate jurisdiction<lb/>
Removal, yes. But for what purpose? <gap/> of<lb/>
<del><gap/></del> <add>an</add> additional mass &amp; body of evidence? No,<lb/>
surely: for in the Immediate judicatory as firm a ground<lb/>
for the decision of that <add>the Judges</add> judging all the evidence the case<lb/>
has afforded will be <add>have been</add> <unclear>endeavoured</unclear> to be disclosed: and<lb/>
after the close of the budget should <del><gap/></del> chance<lb/>
have brought to view any new and unexpected piece of<lb/>
evidence, that same Judicatory will be the judicatory in<lb/>
which it is <unclear>disclosed</unclear>.</p>
<p>For the Appellate Judicatory what therefore is it<lb/>
that remains: What but argumentation: <del>ground</del> subject<lb/>
matter of reference on the question of l<gap/>, the appropriate <gap/><lb/>
is Article of the Code: on the question of fact, the evidence as <add><hi rend="underline">minuted</hi></add><lb/>
set down under the care of the Registrar, and copy thereof which<lb/>
<add>in</add><lb/>
<note>his <unclear>place</unclear> will have<lb/>
been made without <sic>expence</sic><lb/>
other than that of<lb/>
the mere paper, transmitted<lb/>
to the Appellate<lb/>
Judicatories</note></p>


<!-- DO NOT EDIT BELOW THIS LINE -->
<!-- DO NOT EDIT BELOW THIS LINE -->
{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 12:22, 12 February 2024

Click Here To Edit

1830 July 26 M
Review

Optimum
reinquiry
Removal
per J.B. 1

Reinquiry and Removal

Re-inquiry and Removal as applied to Judicial inquiries

In any suit By every
separate course of
enquiry a fresh mode
of expence & delay
generated

Take any individual suit whatsoever

By every separate course of enquiry applied to
the relevant matters of fact, real and supposed, which
it has happened to the individual send or furnish,
a fresh mass of expense and delay is of course generated.
To Of the evils evil thus correspondent and opposite to the ends
of justice, to render the mass as small as possible
consistently with the other — the main end of justice,
namely right decision is of course on the part of
Mr Bentham among the constant objects of his
endeavours

Under JB's system
right decision among
the constant objects

Of this theory, what in this instance is the consequence
in practice

Exceptions excepted
Removal & reinquiry
one and no more

For In the Appellate judicatory
no fresh additional
mass of evidence but
examination of the
judgement of the Immediate
judicatory on the same evidence
as recorded by the Registrar

Exceptions excepted — removal — fresh additional enquiry
one and no more, from the judicatory of immediate
jurisdiction to the Judicatory of appellate jurisdiction
Removal, yes. But for what purpose? of
an additional mass & body of evidence? No,
surely: for in the Immediate judicatory as firm a ground
for the decision of that the Judges judging all the evidence the case
has afforded will be have been endeavoured to be disclosed: and
after the close of the budget should chance
have brought to view any new and unexpected piece of
evidence, that same Judicatory will be the judicatory in
which it is disclosed.

For the Appellate Judicatory what therefore is it
that remains: What but argumentation: ground subject
matter of reference on the question of l, the appropriate
is Article of the Code: on the question of fact, the evidence as minuted
set down under the care of the Registrar, and copy thereof which
in
his place will have
been made without expence
other than that of
the mere paper, transmitted
to the Appellate
Judicatories



Identifier: | JB/004/160/001"JB/" can not be assigned to a declared number type with value 4.

Date_1

1830-07-26

Marginal Summary Numbering

not numbered

Box

004

Main Headings

lord brougham displayed

Folio number

160

Info in main headings field

review

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c1

Penner

jeremy bentham

Watermarks

Marginals

george bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

2081

Box Contents

UCL Home » Transcribe Bentham » Transcription Desk
  • Create account
  • Log in