JB/031/143/001

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25.
Oath – here necessary
to complete the mendacity
employing system.

26.
Services demanded.
1. Effective
2. Judicial

27
Grounds of demand.
1. Ground in point of law
2. Ground in point of fact
Ex.

28.
Distinction between
Statement of the ground in
point of fact, & exhibition
of the evidence.

29
Evidence on both sides.
Ex.

30.
In so far as grounded on
exterior evidence demand
may be groundless without
falsehood – i.e. without insincerity,
in the plaintiff.

31.
For demand with grounds
few words necessary; for evidence,
multitude unlimited.

32.
Hence for demand & grounds
a proportionable fee could
be exacted: for evidence elicitation,
not.

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33.
This done for defence as
well as demand, here we
see fees on Written pleadings.

34.
From evidence no fees
obtainable, except for subpœna to each supposed
evidence holder.

35.
From the pleadings fees
were extractable, whether
the suit went the length of
evidence or not.

36
Fees could be increased
in proportion to length of
pleadings & so were.

37
Places & times of hearing
multiplied: distance between
time & time increased.

38.
Demands made & disposed
of at once before Justice
of Peace – why not before
Superior Courts. Ex.

39
In proportion to increase
of times & places – fees
increased.

40
Cornwall plaintiff may
lose his demand from non
attendance of a witness: then
second suit to be brought
in London, to be allowed to
carry on a third, like the first

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41.
Judge takes no part in
numerous operations in
which he is declared to
take a part.

42.
Problem twofold –
1. to get maximum of fees
2. with minimum of trouble
to Judge.

43
Jurisdiction spill splitting,
adverse to Justice

44.
King's Court's jurisdiction
all-comprehensive. Hardship
of running after King
from Cumberland to Cornwall
&c for justice. After
many years in cases between
individual & individual
not necessary to
go further than from end
of Kingdom to Metropolis.

45.
Revenue causes determined,
at principal seat
of Government.

46.
Insurrections agt King
by Barons frequent. For
rendering justice power
accompanying King in his
travels, necessary. His
retinue, like modern
array – Judges like d.
Court Martial.

Identifier: | JB/031/143/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1		Marginal Summary Numbering	25-46
Box	031	Main Headings	civil code
Folio number	143	Info in main headings field
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	richard doane	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9829
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