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<p>rest it upon. I have already stated what sort of<lb/> | <p>rest it upon. I have already stated what sort of<lb/> | ||
an operation <hi rend='underline'>quashing</hi> is:<hi rend='superscript'>+</hi> <note>+ Chap. 3. p. 18.</note> and the sole employment<lb/> | an operation <hi rend='underline'>quashing</hi> is:<hi rend='superscript'>+</hi> <note>+ Chap. 3. p. 18.</note> and the sole employment<lb/> | ||
of this Supreme Court is to <hi rend='underline'>quash</hi>.<hi rend='superscript'>(a)</hi> It is<lb/> | of this Supreme Court is to <hi rend='underline'>quash</hi>.<hi rend='superscript'>(a)</hi> <note><hi rend='superscript'>(a)</hi> Except making <hi rend='underline'>regulations</hi> about <del>the</del> competence, in <add>direct</add> breach of the Committee's own law Tit. I., art. 8. This repugnancy I take for granted was a mere oversight, and may <add>might</add> be cured by putting <add>saving</add> an exception in the above article.</note> It is<lb/> | ||
<add>an operation contrived solely for a Court</add> dedicated solely to the use of <del>those who</del> the guilty<lb/> | <add>an operation contrived solely for a Court</add> dedicated solely to the use of <del>those who</del> the guilty<lb/> | ||
in <del>cri</del> penal cases, and to <add>of</add> those <del>who are in the</del><lb/> | in <del>cri</del> penal cases, and to <add>of</add> those <del>who are in the</del><lb/> | ||
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<add>a sort of</add> a Court of Appeal, and this makes a degree of<lb/> | <add>a sort of</add> a Court of Appeal, and this makes a degree of<lb/> | ||
Appeal which must be added to the others. rest</p> | Appeal which must be added to the others. rest</p> | ||
<head><!-- in pencil -->Note</head> | |||
<p><add>(b)</add> It is a possible case indeed that <del>a man</del> for want<lb/> | |||
of proof of the unjustness of a <add>an informal</add> decree that has been<lb/> | |||
made against him a man, or for want of certainty<lb/> | |||
as to the effect of the proof may choose to rest his attack<lb/> | |||
upon the point of informality as <del>p</del> being a more simple<lb/> | |||
one than that of the want of <del>mer</del> merits: but this is an accident<lb/> | |||
<sic>-dent</sic> too particular to be worth notice: since</p> | |||
---page break---
Appeal VI Committee
rest it upon. I have already stated what sort of
an operation quashing is:+ + Chap. 3. p. 18. and the sole employment
of this Supreme Court is to quash.(a) (a) Except making regulations about the competence, in direct breach of the Committee's own law Tit. I., art. 8. This repugnancy I take for granted was a mere oversight, and may might be cured by putting saving an exception in the above article. It is
an operation contrived solely for a Court dedicated solely to the use of those who the guilty
in cri penal cases, and to of those who are in the
wrong and who know themselves to be in the wrong
in civil ones. Those who are in the right not in the wrong have can find
need not wish to avail themselves of it (b) no use for it do not want it: and if they it is
at all material to them to be thought not guilty
or not in the wrong, they can not use own it. avail
themselves of it. This Supreme Court then, if
it be any thing else but a Court of Appeal is
a Court that can do nothing but mischief: make
it do any one thing which a Court of Justice Appeal it but capable of doing any one thing which a
Court of Appeal ought to do and you make it
a sort of a Court of Appeal, and this makes a degree of
Appeal which must be added to the others. rest
Note
(b) It is a possible case indeed that a man for want
of proof of the unjustness of a an informal decree that has been
made against him a man, or for want of certainty
as to the effect of the proof may choose to rest his attack
upon the point of informality as p being a more simple
one than that of the want of mer merits: but this is an accident
-dent too particular to be worth notice: since
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jeremy bentham |
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