28 Feb y 1807

Letter V

IV. Application Modes

7

6. Writ of Error

6. Appeal from a decision (called a judgement) pronounced by a Court of Common Law; in a case where nothing that has passed at the trial before the Jury is included in the subject of complaint, is called a Writ of Error.

7. Appeal from a decision pronounced by a Court of Equity, the application being to another Court considered as a distinct as well as superior Court is called simply an appeal: so likewise is the case where the Court a quâ is a Spiritual Court or Court of Admiralty.

8. After a definitive decision pronounced by the Judge of an Equity Court, an application addressed to that same Judge and praying an alteration in such decision, is called a Bill for a Rehearing.

9. - if to a different Judge succeeding the former in that same Court, a Bill of Review.

10. Causing a suit already instituted in an inferior Court to be removed into a superior Court without notice taken whether before or after judgement, definitive or interlocutory.

To this head belong in English law the instruments called a Writ of Certiorari and a Writ of Pone: in Scotch Law, the instrument called a Bill of Advocation.

N.B. The Writ called Certiorari is applicable to other purposes besides.