JB/031/080/001

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1828 July 24

Jud. Preface?
(3) (1) — Nullity &c

A circumstance that What rendered these established delays
the more adverse to justice was — that if any one of the written
pleadings or other instruments there was any thing that was
contrary to rule, what had been done went for nothing: the consequence
was, that in some cases [+]1 [+]1 the whole business had
to be done over again one half of a year at least — in some
cases two, three or four half years were being thus lost, in other cases
it could not was not supposed to be done over again, but the service demanded which
was the object of the demand, howsoever important to justice
and public security was definitively denied. [+]2 [+]2 The cases in which
the business might be
done over again were
cases called civil cases
cases between individual
and individual:
the cases in which it
could not be done over
again were cases between called
criminal cases — case between
the public and an individual;
and, among them, are murder
and other the most atrocious
crimes

If the rule had been previously laid down — laid down in a determinate
form of words, as in all an Act of Parliament, this
would have been bad enough: because, an Attorney by contravention
of one of these rules, an a Plaintiff's Attorney or a Clerk
of his, might b in a civil case either double his own
by depr cheating his client either double his own profits
or cheat deprive him definitively of his remedy: and in a civil
criminal case, produce the effect of a pardon and give impunity
to the most atrocious guilt.

☞ Here or further on give the case of the man who cut his child's head off

But what makes the matter so much worse is —
that in none of these cases has any such rule ever been
previously laid down: the individual or the public as
the case may be are deprived of the remedy, because another
person who always has it in his power to derive a
profit from the contravention is deemed to have contravened acted in
contravention of a rule altogether imaginary — a rule which
so far from having been communicated to him had been never
been made : but which for the purpose of producing giving
birth to this effect, supposed and feigned to was falsely prehended to have been made.

In Blackstone we are gravely informed with great perfect gravity
and without hesitation or exception that the power of pardon is
lodged solely in the King: and of the importance of to the power great
is the importance which with unquestionable truth is ascribed: while
in fact, this same power is not only possessed by every Attorney's Clerk, but
exercised by the Clerk in a more simple manner than by the King: for upon the pardon
when granted by the King there
is a tax of 40s and no such tax upon the pardon granted by the Clerk.

Identifier: | JB/031/080/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-07-24	Marginal Summary Numbering
Box	031	Main Headings	civil code
Folio number	080	Info in main headings field	jud.
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / c1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9766
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