JB/023/082/002

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1824. Jany. 23
Constitutional Procedure Code.Ch. Initiatory application

If it be the determination of the Judge to place any
person in the situation of defendant, he caused therefore
determines which of two courses, accersition or prehension
to take employ for securing at the means of eventual execution
at his expence charge, and to that purpose his attendance appearance
at the Judgment seat at the same in the same time with the
individual, who at the same time is constituted
Pursuer: say at the first bilateral meeting: or at this
time occasion he will moreover determine the species of class to which
the suit belongs: together with the genus and species of that class.

On this occasion the determining consideration will
be – not the species class of the suit that is to say whether it
be non-penal or penal, and if penal whether the offence
be purely public or publico-private – but the reluctance
which in the event of the justice of the demand
a defendant would feel as to a compliance with
it: seeing that while in a non-penal suit, property to any one
or more while property to an unlimited magnitude may be at stake, and in a
penal sit, a not exceeding the value of a day's
pay of the lowest paid class of labourers.

On this same occasion At the same time by whichsoever means
the appearance on the part of a defendant is to be endeavoured
to be secured brought about a day and hour for such
attendance will be to be fixed. On This occasion the presents joint
convenience of three parties will be to be whose joint convenience calls for regard
1. the Judicatory. 2. the party or parties on the pursuers side:
3. the party or parties on the defendants side.

On this occasion no fixt day will the Procedure
Code fix by unbending rules. In the instance of every such fixative day
the chances against the maximum of all-embracing convenience in every instance are
as infinity to one: of factitious delay and not the avoidance
of it is the trouble: for the instance of it such rules are altogether
impotent: They can neither
give health to the sick,
smoothness to roads,
strength to human legs, swiftness to horses, nor
room to carriages: by
the insincere litigant the
interest length of delay
allowed is taken advantage
of: thereupon comes more delay is prayed by one application for more with its vexation and expence: and thus the time after one useless consumption, the time for doing what is
next to be done is placed on the ground on which it is here placed, namely that of the maximum of universal convenience.

Identifier: | JB/023/082/002 "JB/" can not be assigned to a declared number type with value 23.
Date_1	1830-10-26	Marginal Summary Numbering	10-14
Box	023	Main Headings	lord brougham displayed
Folio number	082	Info in main headings field	jb to france
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e6 / f35
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	7953
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