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<head>Writs of Error accts JB to Horner on</head> | <head>Writs of Error accts JB to Horner on</head> | ||
< | |||
<add>< | <p>There must be in the conduct of that branch<lb/> of the delay trade which comprizes the English<lb/> & Irish <hi rend="underline">than Writ of error appeals,</hi> something<lb/> that prevents their staying long in the House<lb/> when they have got there:<add>+</add> for the last year<lb/> | ||
< | (1807) does not furnish a single one "<hi rend="underline">now depending</hi>"<lb/> | ||
(viz. 29<hi rend="superscript">th</hi> April 1808) Can it be supposed<lb/> | |||
that in all 1807 no such appeals were presented, or<lb/> | |||
that all that were presented were heard?</p> | |||
<note><add>+</add> Extracts from "Law & Practice<lb/> | |||
of Writs of Error." 8<add>vo</add> 1781. p. 104.<lb/> | |||
The Ch. J. of BR hav<add>g</add> presented<lb/> | |||
the Writ of Error in the<lb/> | |||
H of Lds, a day is appointed<lb/> | |||
for Plts in Error to assign errors.<lb/> | |||
He is allowed 8 days—"Errors<lb/> | |||
"not thus assigned Clk of Parl<hi rend="superscript">t</hi><lb/> | |||
grants <hi rend="underline"><foreign>remittitur</foreign></hi>." If Pltf<lb/> | |||
in Error alledges diminution<lb/> | |||
& prays a <foreign>certiorari</foreign> the same<lb/> | |||
is to be issued <hi rend="underline">without</hi> any<lb/> | |||
<hi rend="underline">motion</hi> to be returned in<lb/> | |||
10 days: which if not done<lb/> | |||
or good cause <sic>shewn</sic> to the House<lb/> | |||
to the contrary, Pltf is to<lb/> | |||
lose the benefit of his Writ".<lb/> | |||
This lets in some light upon<lb/> | |||
the cause of the prompt disappearance<lb/> | |||
of the sham<lb/> | |||
Writs of Error. But then<lb/> | |||
comes another mystery—<lb/> | |||
How it is that the £200<lb/> | |||
costs (the utmost amount)<lb/> | |||
sho<hi rend="superscript">d</hi> prevent Debtors for<lb/> | |||
large sumsor Insolvent<lb/> | |||
Drs from taking the benefit<lb/> | |||
of the many years delay<lb/> | |||
at present punisheable<lb/> | |||
on condition of standing<lb/> | |||
out to the last?</note> | |||
<p>But to have disappeared before the 29<hi rend="superscript">th</hi> Ap<add>l</add> 1808<lb/> | |||
they must have been presented still earlier.<lb/> | |||
Yet among the "<hi rend="underline">now depending</hi>" (& which must<lb/> | |||
have been all bona fide ones) I find in other<lb/> | |||
years several presented in May, June & July & Au<hi rend="superscript">t</hi><lb/> | |||
1807, one in July & in the standing <gap/> there<lb/> | |||
is nothing which obliges the Writ of Error<lb/> | |||
Appeals to be presented within a particular time, as there is in the case of the English<lb/> | |||
Equity Appeals which last must be<lb/> | |||
presented within the days after the commencement<lb/> | |||
of the Session.</p> | |||
<p>Thus it is that from the H of Lds no<lb/> | |||
account of the English or Irish than Writ of<lb/> | |||
Error appeals presented to the H of Lds is<lb/> | |||
obtained or obtainable. But the English d<hi rend="superscript">o</hi><lb/> | |||
the Finance <sic>Commee</sic> of 1798 abstained from<lb/> | |||
the <hi rend="underline">inferior source</hi>, the <foreign>terminus a que</foreign>:<lb/> | |||
<add>viz. for three yrs ending 1797:</add><lb/> | |||
& that source is as accessible to the H of<lb/> | |||
Commons <hi rend="underline">now</hi> as it was then.</p> | |||
<p>Remains the d<add>o</add> from Ireland. There certainly<lb/> | |||
cannot be ultimately inaccessible: but<lb/> | |||
to get them from the inferior source must<lb/> | |||
of course take up much more time than<lb/> | |||
to get the English ones from the corresponding<lb/> | |||
inferior source.</p> | |||
<p>The Appeals & Writs of Error, on the days on which they are presented, are they entered<lb/> | |||
on the general book of the H of Lds called the<lb/> | |||
Journal Book—viz. that book of which the</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
Writs of Error accts JB to Horner on
There must be in the conduct of that branch
of the delay trade which comprizes the English
& Irish than Writ of error appeals, something
that prevents their staying long in the House
when they have got there:+ for the last year
(1807) does not furnish a single one "now depending"
(viz. 29th April 1808) Can it be supposed
that in all 1807 no such appeals were presented, or
that all that were presented were heard?
+ Extracts from "Law & Practice
of Writs of Error." 8vo 1781. p. 104.
The Ch. J. of BR havg presented
the Writ of Error in the
H of Lds, a day is appointed
for Plts in Error to assign errors.
He is allowed 8 days—"Errors
"not thus assigned Clk of Parlt
grants remittitur." If Pltf
in Error alledges diminution
& prays a certiorari the same
is to be issued without any
motion to be returned in
10 days: which if not done
or good cause shewn to the House
to the contrary, Pltf is to
lose the benefit of his Writ".
This lets in some light upon
the cause of the prompt disappearance
of the sham
Writs of Error. But then
comes another mystery—
How it is that the £200
costs (the utmost amount)
shod prevent Debtors for
large sumsor Insolvent
Drs from taking the benefit
of the many years delay
at present punisheable
on condition of standing
out to the last?
But to have disappeared before the 29th Apl 1808
they must have been presented still earlier.
Yet among the "now depending" (& which must
have been all bona fide ones) I find in other
years several presented in May, June & July & Aut
1807, one in July & in the standing there
is nothing which obliges the Writ of Error
Appeals to be presented within a particular time, as there is in the case of the English
Equity Appeals which last must be
presented within the days after the commencement
of the Session.
Thus it is that from the H of Lds no
account of the English or Irish than Writ of
Error appeals presented to the H of Lds is
obtained or obtainable. But the English do
the Finance Commee of 1798 abstained from
the inferior source, the terminus a que:
viz. for three yrs ending 1797:
& that source is as accessible to the H of
Commons now as it was then.
Remains the do from Ireland. There certainly
cannot be ultimately inaccessible: but
to get them from the inferior source must
of course take up much more time than
to get the English ones from the corresponding
inferior source.
The Appeals & Writs of Error, on the days on which they are presented, are they entered
on the general book of the H of Lds called the
Journal Book—viz. that book of which the
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Identifier: | JB/009/127/001"JB/" can not be assigned to a declared number type with value 9. |
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127 |
writs of error accts jb to horner on |
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correspondence |
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recto |
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john herbert koe |
th 1806 |
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andre morellet |
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1806 |
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letter 1968, vol. 7 |
3428 |
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