9 Jan y 1808

Notes to Judicial Grievance and Remedy Table Table VIII

Notes

In this case the more obvious remedy consists in the attaching to every judicatory, the decisions of which are suffered to operate as above, in the way of precedent, forming /adding/ pro tanto the matter /to the mass/ of jurisprudential law, an institution productive of the effect abovementioned, i.e securing a universal regular and adequate degree of notoriety to all such decisions as they come /it happens to them/ to have been pronounced.

But if any such institution, the operation would be but prospective, leaving the decisions of past time in the same state of uncertainty in respect of notoriety as before.

In this case therefore, as in so many others, conversion of jurisprudential into statutory law presents the only effectual and adequate remedy and recourse.

4. Ununiformity of the course of decision between one judicatory and another.

A mischief of this description can no otherwise have place than between two or more co-ordinate judicatures considered as co-ordinate: if of two judicatures one be superordinate, the other subordinate, a decision which being pronounced by the subordinate, runs counter to a decision of the /its/ superordinate, falls pro tanto under the imputation of misdecision, one of the grievances comprized in the Table.

If the judicatures as between which the ununiformity has place be with relation to each other co-ordinate, the mischief has its seat in the system, its source in the same state of things as in the case last mentioned, as also the same remedy.