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reinquiry<lb/> | reinquiry<lb/> | ||
Removal<lb/> | Removal<lb/> | ||
per J.B. 1</note> | <unclear>per J.B. 1</unclear></note> | ||
<note>Reinquiry and Removal</note> | <note>Reinquiry and Removal</note> | ||
<p>Re-inquiry and Removal as applied to Judicial inquiries</p> | <p><add>Re-inquiry and</add> Removal as applied to Judicial inquiries</p> | ||
<note>In any suit By every<lb/> | <note>In any suit By every<lb/> | ||
separate course of<lb/> | separate course of<lb/> | ||
enquiry a fresh mode<lb/> | enquiry a fresh mode<lb/> | ||
of | of <sic>expence</sic> & delay<lb/> | ||
generated</note> | generated</note> | ||
| Line 24: | Line 24: | ||
<p>By every separate course of enquiry applied to<lb/> | <p>By every separate course of enquiry applied to<lb/> | ||
the <gap/> relevant matters of fact, real and supposed, which<lb/> | the <del><gap/></del> <add>relevant</add> matters of fact, real and supposed, which<lb/> | ||
it has happened to the individual | it has happened to the individual <unclear>send or furnish</unclear>,<lb/> | ||
a fresh mass of expense and delay is of course generated.<lb/> | a fresh mass of expense and delay is of course generated.<lb/> | ||
To <gap/> Of the evils evil thus correspondent and opposite to the ends<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/> | of justice, to render the mass as small as possible<lb/> | ||
consistently with the other — the main end of justice,<lb/> | consistently with the other — the main end of justice,<lb/> | ||
namely right decision is of course on the part of<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> | endeavours</p> | ||
| Line 45: | Line 45: | ||
one and no more</note> | one and no more</note> | ||
<note>For In the Appellate judicatory<lb/> | <note><del>For</del> <add>In</add> the Appellate judicatory<lb/> | ||
no fresh additional<lb/> | no <del>fresh</del> additional<lb/> | ||
mass of evidence but<lb/> | mass of evidence but<lb/> | ||
examination of the<lb/> | examination of the<lb/> | ||
judgement of the Immediate<lb/> | judgement of the Immediate<lb/> | ||
judicatory on the same evidence<lb/> | judicatory on the <add>same</add> evidence<lb/> | ||
as recorded by the Registrar</note> | as recorded by the Registrar</note> | ||
<p>Exceptions excepted — removal — fresh additional enquiry<lb/> | <p>Exceptions excepted — removal — fresh <add>additional</add> enquiry<lb/> | ||
one and no more, from the judicatory of < | one and no more, from the judicatory of <unclear>immediate</unclear><lb/> | ||
jurisdiction to the Judicatory of appellate jurisdiction<lb/> | jurisdiction to the Judicatory of appellate jurisdiction<lb/> | ||
Removal, yes. But for what purpose? <gap/> of<lb/> | Removal, yes. But for what purpose? <gap/> of<lb/> | ||
<gap/> an additional mass & body of evidence? No<lb/> | <del><gap/></del> <add>an</add> additional mass & body of evidence? No,<lb/> | ||
surely: for in the Immediate judicatory as firm a ground<lb/> | surely: for in the Immediate judicatory as firm a ground<lb/> | ||
for the decision of that Judges | for the decision of that <add>the Judges</add> judging all the evidence the case<lb/> | ||
has afforded will be have been endeavoured to be disclosed: and<lb/> | has afforded will be <add>have been</add> <unclear>endeavoured</unclear> to be disclosed: and<lb/> | ||
after the close of the budget should <gap/> chance<lb/> | after the close of the budget should <del><gap/></del> chance<lb/> | ||
have brought to view any new and unexpected piece of<lb/> | have brought to view any new and unexpected piece of<lb/> | ||
evidence, that same Judicatory will be the judicatory in<lb/> | evidence, that same Judicatory will be the judicatory in<lb/> | ||
which it is disclosed.</p> | which it is <unclear>disclosed</unclear>.</p> | ||
<p>For the | <p>For the Appellate Judicatory what therefore is it<lb/> | ||
that remains: What but argumentation: ground subject<lb/> | that remains: What but argumentation: <del>ground</del> subject<lb/> | ||
matter of reference on the question of l<gap/>, the appropriate <gap/><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 minuted<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/> | set down under the care of the Registrar, and copy thereof which<lb/> | ||
in<lb/> | <add>in</add><lb/> | ||
<note>his place will have<lb/> | <note>his <unclear>place</unclear> will have<lb/> | ||
been made without | been made without <sic>expence</sic><lb/> | ||
other than that of<lb/> | other than that of<lb/> | ||
the mere paper, transmitted<lb/> | the mere paper, transmitted<lb/> | ||
to the Appellate<lb/> | to the Appellate<lb/> | ||
Judicatories</note></p> | Judicatories</note></p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
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
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Identifier: | JB/004/160/001"JB/" can not be assigned to a declared number type with value 4. |
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1830-07-26 |
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160 |
review |
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jeremy bentham |
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2081 |
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