date

5 March 1807 Judicial Justice
5 March 1807

Judicial Justice

Letter V

III. Remedies or Corrective Modes

4. Against usurpation of jurisdiction, the remedy is prohibition. This, if accompanied with malâ fides, on the part of the Judge is an offence the nature of which varies according to the nature of the burthen the imposition of which would be the result of a decision acceding to the demand: an offence consummated supposing the decision followed by execution; till then, but inchoate. But whatsoever expence and vexation the procedure may have been attended with, constitutes the matter of a distinguishable offence, and that consummated.
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  • Title: [4 March 1807 Judicial Justice]
    Description: 4 March 1807

    Judicial Justice

    Letter V

    III. Remedies or Corrective modes

    3. In the case of delay, the remedies, as well as the demand for the application of them, are the same, as in the case last mentioned. For delay, unless unavoidable, or necessary to the purpose of averting preponderant inconvenience in some other shape, such as that of vexation, or misdecision by reason of deperition of evidence, is denial of justice, while it lasts.

    But how to know whether the delay actually exhibited is unavoidable or avoidable, the mischief of it preponderant or preponderated? This, especially in case of malâ fides on the part of the Judge, for example, through partiality in favour or disfavour of either party, presents itself as liable to extreme difficulty.

    Moreover the application of the direct remedies abovementioned is attended with so large a portion of inconvenience, in the shape of vexation, expence, and delay itself, - delay the disorder, and delay attached to the remedy - hence the urgency of the demand for some remedy of the indirect cast. Registration and publicity of the causes of delay offers itself in this character: but of this in its place.

    Note, that in case of malâ fides on the part of the Judge, even natural procedure does not relieve the subordinate judicature from the danger of injustice in this shape.
  • Title: [27 May 1807 ++ 13 (5) Letter]
    Description: 27 May 1807

    ++ 13 (5)

    Letter V

    1. Plan

    III. J.B. Remedies

    1. Maintenance of the course of decision in each judicature in a state of undeviating conformity to the declared will of the legislator - or, more shortly; maintenance of the authority of the sovereign legislature, viz. by prevention or correction of insubordinate decisions - 2. maintenance of the limits set to the jurisdiction of the several judicatures, {maintenance of the course of decision in the several subordinate judicatories within the limits of their respective lawful jurisdictions} - or more shortly, prevention or correction of usurpation of jurisdiction - these together with 3. maintenance of uniformity among judicial decisions, or in the course of judicial decision - are so many remedial operations, which present themselves of course, as corresponding to, and called for by, the nature of the several modifications of judicial injustice, list[?] above enumerated.

    In these instances the immediately operating remedial instrument will be either reversal or modification, as above, viz. of this or that peccant[?] division of the Court below or else, where necessary (which on so high a level it is not apt to be) punishment; including, where applicable the imposition of the burthen of satisfaction, to the use of the party specially injured.
  • Title: [1818 May 15 Parl. Reform Bill]
    Description: 1818 May 15

    Parl. Reform Bill

    Reasons?

    VIII Penal Securities

    Accessory

    Sequential Offences

    *5

    Offences riding[?] in tendency &[?] completed offences

    In description Sequence of offences depends on the term

    employed for the designation of the consummated offence.

    The descriptive name according to the nature of the consummated offence /the

    consummated has a name belonging to it/.

    Connective mutual Offences /Consequently successive concatenated offences/ of the

    same sequence /connected in the way of causation/ in a sequence, or Offences inchoate

    and consummated with /considered as bearing/ relation to the above Election are as

    follows.

    1. The consummated offence an offence considered as consummated.

    2. Any act in which the consummated offence has its commencement. Such act, if the

    offence fails of being consummated – i.e. if the pernicious design fails in so far of

    being accomplished, is denominated an attempt.

    3. Any preparatory act, or act of simple preparation,

    perfor- /exercised/ with the design of producing the effect produced by the

    consummated offence, but in point of time anterior to the act which is considered as

    an attempt.

    Offences thus concatenated may be the offences of the same individual, or offences

    of so many different individuals. One individual may be convicted of the consummated

    offence, another of an attempt to committ in prosecution of the same individual

    design that same species of consummated offence: which attempt of the offence in

    question is not consummated, is but an abortive attempt: another individual of an act

    which with reference to that same offence considered as consummate is but an act of

    preparation: not having run /advanced/ to the length of an attempt.