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1829. Aug. 9
Reformist reviewer
Note, by the bye, that, for each sort of suit, Bentham
has for a correspondent sort of demand: and for each sort of demand
an instrument called a demand-paper: which is corresponding to what
in the procedure of the Common Law Courts the instrument called a Declaration
ought to be,⊞ ⊞ and the same sort of paper
if applicable with an advantage
to cases of which the Common
Law Courts take cognizance,
is not less so
to all cases of which
the Equity Courts,
or any of the other sorts
of Courts take cognizance. The Demandant on making his appearance
in the Justice Chamber before the Judge, that makes what sort
of judicial service it is that he demands at the hands of the Judge, what
service will consist in the application of some one or more of the
four the so often mentioned remedies to the wrong
by some one or other denomination exhibited in the Table of Offences: gives
according to circumstances the requisite security for satisfaction to the defendant
for wrong which may eventually by him by the obligation of⊞ ⊞ of paying attendance, and
for any provisional decision which
it may be necessary to make of
property or person for the purpose
of securing the means of execution.
The demandant, before he leaves
the Justice Chamber, gives information where a mandate may be sure
to find him during the continuance of the suit: and so on first
attendance does every other party and witness.
So much for what regards wrongs: the statement of that
which of what regards rights, the Statement would require more space than can here
be spared.
The Demandant having thus made known his demand,
together with the portion of law real or fictitious (for, so long as the nuisance
called Common Law remains unextirpated, such unhappily
must be the whole species species added) the portion of law on which his
demand is grounded based as is the habit of sages
nowadays) and the alledged facts on which it grounding, delivering narrating at the same time if in so far as such of them, if any, in relation to those which
the circumstances had of the case have happened to render him a percipient witness.
Well then: the several other witn narrating witnesses, if any – colitigant on the Demandans side, colitigant on the Defendants side, and or
extraneous) is the residence of those every one of them within that same
Judge-shire? This is what constitutes the most simple and desirable case: and happily this
is moreover the case most frequently exemplified. In the case
if any one of them is it in another Judge-shire his residence that his residence is situated? If so, the cause
a choice to be made: In what mode shall his evidence be elicited?
in the oral mode, in that same Judge-shire, and by that
same Judge? in the oral mode, in the Judge-shire in which
his residence is, and thence of course by the Judge of that sa Judge-shire
to whom for this purpose the business of elicitation will be to be
consigned for in the epistolary mode,⊞ ⊞ in that mode, of which,
in addition to the heap of
preliminary law necessitated,
an example is afforded
by every Bill in Equity.
in addition to of which an example is by
Identifier: | JB/004/490/002 "JB/" can not be assigned to a declared number type with value 4.
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1831-11-04 |
11-12 |
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004 |
lord brougham displayed |
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490 |
[[info_in_main_headings_field::bankruptcy court bill observations co[ntinued]]] |
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002 |
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text sheet |
1 |
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recto |
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jeremy bentham |
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2411 |
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