JB/011/065/001

Click Here To Edit

1829 Aug. 3. + C
Reformists reviewed.

X.
Beginning
(1) (14
J.B.
II. Remedies.
1. Judicature accessible.

Forms of procedure
regular and summary.

36 or 1
First as to the plague
of fees inaccessibility
of judicature: and
its cause — the plague of fees.

So much for the disease. Little less common and thence
proportionately inadequate will be the best least unsatisfactory
view that can be given of their remedies, proposed — we may
truly say invented by this our Æsculpius from the first Æsculpius
by whom the body judicial power of the
body politic has been
ever visited.

Looking over the field of English law — forms or courses of procedure
he saw two Forms or courses of procedure : the regular
and the summary. The regular, the product of the device above just
fee-gathering system and thence of the disease to which we have seen it giving birth
denominated: device produced by under the influence of the sinister interest above mentioned
in the breasts of by men who have every thing to gain by it the inaptitude
indeed with that requisite attraction in any as high a degree of perfection
as presented itself as being of all patience and endeavour seemed compatible with the requisite degrees of endeavours
and patiences on the part of the people thus dealt with.

37 or 2.
Cause of the disease
fees remedy salary
substituted for fees.

To Seen the cause of the disease, seen was by him and by such an eye the remedy.
Cause of the disease, payment by fees; remedy introduction of
fees, substitution of salary sole fees interdicted, salary
substituted.

38 or 3.
Forms of procedure
called regular and summary.
Fallacy in prejudice
of the summary mode
involved in this nomenclature.

So far so good: But though this was much, this
was not every thing. The disease had produced a tumour: and that tumour was to be got rid of. During the reign of Judge made law
two opposite systems of procedure had grown up, one by
means of it, its prolific and foreboding , the other in spite of it: one defended by it
with the regular, the other the summary: the regular so denominated
by them by the learned brotherhood honoris causa: the work of their own
hands: the summary, the work of the hands of the lawful Legislator.
All along in the character of a makeshift was this sort of
abridgement spoken of: a makeshift which was good enough
for the lower orders, and with which it the use of which it was
hoped they might without much prejudice to justice be indulged.
Not directly indeed, but not the less perceptibly were intimations
given that while this one and that one which was regular, the other
could not be any thing better than irregular.

Identifier: | JB/011/065/001 "JB/" can not be assigned to a declared number type with value 11.
Date_1	1829-08-03	Marginal Summary Numbering	36 or 1 - 38 or 3
Box	011	Main Headings	law amendment
Folio number	065	Info in main headings field	reformists reviewed
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e14
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	3762
Box Contents