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GB. 1830 Aug. 15
Review &c
1.
Seat of the disease the system
of judicial procedure –
Symptoms expense delay
and vexation all factitious.
2.
Of these the existence
demonstrated by J.B. in Justice
Petitions.
3.
Testimony in favor of that
work by Danl. O'Connell
4.
Per J.B. no effect ought
to be given to Judge-made
law.
5
Therefore substitution of the
tute Legislature-made to existing Judge-made
law proposed.
6.
Main roots of the malady
1. Want of communication
between Judge and suitors
2. Want of adequate means
of elicitation of evidence.
7.
For the first of these purposes
local Judicatories
for the second a well-adapted
system of procedure necessary.
8.
J.B's all-comprehensive
plan of local judicatories.
9.
Objection raised the expense.
For palaces, churches, consuls,
ecclesiastics, sinecures, & Land
and Sea force pensions &c. public
money profusely squandered
– for giving justice
money refused.
10.
These things considered JB's
proposal – 1. Experimental
judicatories in the Metropolis.
---page break---
11.
Logical field of service. Equity
Court suits
12.
For these suits summary procedure
substituted to regular.
13.
Objection the summary procedure
only used for suits few in
number each to a small value.
14.
Answer true but the system
of procedure if good for one sort
of suit so for every other.
15.
Neither the quantity nor quality
of the subject matter in dispute
has anything to do with
the mode of proving a matter
of fact.
16.
So as to the species of matter of fact.
17.
So as to complexity of the suit.
18.
On him who admits the summary
procedure in one sort of suit &
not in another it is incumbent
to show in what respect it is
applicable to the one and not
to any other.
Identifier: | JB/004/092/001 "JB/" can not be assigned to a declared number type with value 4.
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1830-08-15 |
1-18 |
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lord brougham displayed |
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092 |
review &c |
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marginal summary sheet |
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recto |
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richard doane |
j whatman turkey mill 1823 |
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jonathan blenman |
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1823 |
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2013 |
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