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1829. Nov. 19.
J.B. to Lord Wm. Bentinck.
In England under the existing
system two modes of judicial procedure
are equally in use: one stiled the regular;
the other the summary:⊞ ⊞ regular, that which is in use, for example, in the Westmr. Hall Courts – summary, that which in use is is acted upon, for example, by Justices of the Peace acting singly & in Small Debt Courts. in regard to the
regular, the nation tacitly assumed and
acted upon is – that it is the only one which
is adequate to the accomplishment of
those ends; & that as to the summary
procedure, it is no better than a sort of
makeshift, fit to be employed in those
cases & in those alone in which for some
cause or the other the regular mode cannot
be employed. My persuasion is that the
summary system with such modifications
as I point out is the only one which
is fit in any case to be employed.
The more effectually to establish this proposition,
I begin with bringing to view the cause
by which the opposition of the interest
of the authors+ of the regular system of procedure
to the ends of justice has been
produced; that is to say, the mode of
their remuneration; the faculty that
has been given to them of setting their
own price upon their own services.
Under 14 distinct heads I bring to
view the devices by which they have
contrived to swell that same remuneration
to the enormous pitch at which
naturally & perpetually on the increase, it at this moment has place.
To
Identifier: | JB/010/181/001 "JB/" can not be assigned to a declared number type with value 10.
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1829-11-19 |
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010 |
codification proposal (codification offer) |
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181 |
jb to lord wm bentinck |
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correspondence |
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recto |
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b&m 1828 |
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arthur moore; richard doane |
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1828 |
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3617 |
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