★ Find a new page to transcribe in our list of Untranscribed Manuscripts
m Protected "JB/106/137/001": ready for review ([Edit=Allow only administrators] (indefinite) [Move=Allow only administrators] (indefinite)) |
No edit summary |
||
Line 2: | Line 2: | ||
'''[{{fullurl:JB/106/137/001|action=edit}} Click Here To Edit]''' | '''[{{fullurl:JB/106/137/001|action=edit}} Click Here To Edit]''' | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<p><!-- pencil -->4 March 1807</p> | |||
<p>2. For <add>Against</add> injustice in the shape of denial of justice, the remedy <add>remedies</add><lb/> | |||
<del><gap/> which afforded by</del> which a superordinate judicature<lb/> | |||
is capable of affording is <add>are</add> in the first instance <hi rend="underline">order</hi> <del>to take</del><lb/> | |||
upon the subordinate Court <hi rend="underline">to take cognizance</hi>.</p> | |||
<p><del>But</del> Supposing the remedy insufficient, the order not<lb/> | |||
being complied with, <del>either the injustice goes without</del> there<lb/> | |||
comes this and only this alternative: the superordinate Court<lb/> | |||
<del><gap/> some other Court to take cognizance of the <gap/><lb/> | |||
or takes</del> <add>either itself takes</add> cognizance of the suit, or causes cognizance to<lb/> | |||
be taken of it by some other Court which to this purpose<lb/> | |||
at any rate, becomes a co-subordinate with the refractory <add>Cpirt by</add><lb/> | |||
Court <add>which the default was made.</add></p> | |||
<p>If by one or other of these means justice be not administered,<lb/> | |||
<del>denial</del> injustice, in the shape of denial of justice,<lb/> | |||
is the necessary consequence.</p> | |||
<p><del>3. For injustice in the shape of</del></p> | |||
<p>In this state of things <add>case</add> suppose <hi rend="underline">mala fides</hi> in the part of<lb/> | |||
the Judge below, whether punishment in any other shape be<lb/> | |||
applied or no, the burthen of making <add>rendering</add> satisfaction to the<lb/> | |||
party injured by such <add>his</add> disobedience, ought at any rate to<lb/> | |||
be imposed upon him.</p> | |||
<p><del>A</del> <add>The</add> system of superintending judicature, does it leave any<lb/> | |||
of these exigencies unprovided for? – It fails <hi rend="underline">pro tanto</hi> of<lb/> | |||
being adequate to its purpose.</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
4 March 1807
2. For Against injustice in the shape of denial of justice, the remedy remedies
which afforded by which a superordinate judicature
is capable of affording is are in the first instance order to take
upon the subordinate Court to take cognizance.
But Supposing the remedy insufficient, the order not
being complied with, either the injustice goes without there
comes this and only this alternative: the superordinate Court
some other Court to take cognizance of the
or takes either itself takes cognizance of the suit, or causes cognizance to
be taken of it by some other Court which to this purpose
at any rate, becomes a co-subordinate with the refractory Cpirt by
Court which the default was made.
If by one or other of these means justice be not administered,
denial injustice, in the shape of denial of justice,
is the necessary consequence.
3. For injustice in the shape of
In this state of things case suppose mala fides in the part of
the Judge below, whether punishment in any other shape be
applied or no, the burthen of making rendering satisfaction to the
party injured by such his disobedience, ought at any rate to
be imposed upon him.
A The system of superintending judicature, does it leave any
of these exigencies unprovided for? – It fails pro tanto of
being adequate to its purpose.
Identifier: | JB/106/137/001"JB/" can not be assigned to a declared number type with value 106. |
|||
---|---|---|---|
1807-03-04 |
26-28 |
||
106 |
scotch reform |
||
137 |
|||
001 |
|||
text sheet |
1 |
||
recto |
c13 / c4 |
||
jeremy bentham |
iping 1804 |
||
bernardino rivadavia |
|||
1804 |
|||
34725 |
|||