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These things considered, what Mr Bentham proposed was
and is –
1. By way of experiment, to establish one and but one
new Judicatory, and that situated in the metropolis. By
Beneficial effects two: 1. saving saved the expense of a one Justice
Chamber, and existing public room large enough for the purpose being
applied to it. 2. the proceedings within reach of the
most intelligent public that the whole kingdom are a part.
Logical Field of service, or say of such, and that sort which by far the greatest
quantity of property is at stake namely those called Equity Suits and in regard to which
the existing system of procedure is that which is called
the regular, in the most dilatory predatory, and oppressive – namely
the Equity Court procedure.
For the cognizance of those suits, Procedure to substitute to
that existing same branch of the regular to substitute
the summary. Now this summary system what is it?
what by that which for nearer two centuries there are his
to every year reward the sanction of the legislature: being
the only system or mode which has emanated from that
only legitimate source.
Well but say the defenders of the existing abuses, under the
system of procedure thus sanctioned, all no more than a few
different sorts of suits are carried on, and those to no more in each of which
value be no more than a small amount is at stake, and
those in no instance of a complicated texture.
True says Mr Bentham. But as to the sort of suits
what matters it? the system of procedure whatsoever it be
which is the proposed for any case is so for every other: to be they
what they may the subject matter of injury are in all of them
the same, 1. how stands the matter of fact which is in question
what ground is there for the supposition that it stands
as the party on one side says or as the party on
the other side says: and 2. if the whole matter of the rule of
what is the portion to which in and by the statements made on
both sides in relation
to the matter of fact,
execution and effect
is professed to be desired
by both the parties
on both sides to be given.
Identifier: | JB/004/239/001 "JB/" can not be assigned to a declared number type with value 4.
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jeremy bentham |
j whatman turkey mill 1829 |
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jonathan blenman |
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1829 |
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