JB/031/155/001

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9 Septr 1828.
Blackstone

II. Right exercisable only then
Judge. Per Blackstone, no
right with a remedy; per
Truth perhaps 1 in 100.

This owing to the mass of
useless expence in Suits: almost
all of which might be
struck off, or thrown or wrong
doer, or public. On public
because it enjoys that security
without expence &c
which successful party only
enjoys, with such expence.
See J.B's Protest agt Law
Taxes.

Because justice wd be denied
to every one unable, without
Govt assistance, to obtain
Judge's services.

In Westminster Supreme
Courts, for every 1 who can
obtain justice 20 or 1000 who
cannot; owing to fees levied
by authority of Judge. Justice
denied to all but few
and sold to them at an increasing price.

Of this expence, causes
1. Taxes imposed under that
name, – carried to Public Account
2. Taxes under name of fees
carried to Judges Account.
3. Taxes under name of fees
levied by & for the various Professional
Assistants. Judge
interested in profit of this brethren.

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4. Uncertainty of rule of
action, denial of a certain one
even such as Statute Law.

III Effects of negligence of Legislature.
5.1. Want of suf adequate
number of judicatories, so distributed
that witnesses may go
to and from them in a day.
6.2. Expence of written & real
evidence.
Under Law as it aught to
be provision made for Helpless
litigant's fund.
7.3. Expence for necessary
Professional Assistance, wanting
– under Law as it aught to
be – an Eleemosynary Advocate,
matching with Govt Advocate
(like comparable to Attorney
& Solicitor Genls.) – they
appoint Deputes. Also Probationary
Lawyers doing gratuitous
service as Physicians &c.
Reduction of this expence
effected, by making 1 Law
Knowable 2 Justice Accessible
3 Making Code intelligible
to all persons 4 Establishing
Procedure in a
natural shape.

A minor part of wht Law
as it is spends on Judges, &c
Law as it ought to be spends
only on Judges, their Subordinate
& the Professional Lawyers
abovementioned.

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IV Special obstacle to
remedy is the Restitution
denied of moveables. You
set a high value on a horse,
Cupidus gets possession of
it. You bring your action,
but recovering the horse depends
on Cupidus – if he prefers
the value set on it by
Jury – he returns the horse
– if he prefers the horse, he
pays the money.

Subject matters of property
1. Moveable – personal 2
Immoveable – real or personal.
3 Incorporeal. The
third of this out of protection
of Law as it is.

Cause of this per Blackstone
Formerly of his action
brought for recovery
of a thing, wrongful possessor
brought 12 men to swear
as he did – that he never
had the thing. About perjury
no difficulty. Punishing
Compurgators of question
Prosecutor wd only aggravate
his.

Perjury preferred to cross
examination not peculiar
to England. So it was under
Roman Law: one perjurer
sufficient – there being no
Jury.

Identifier: | JB/031/155/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09-09	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	155	Info in main headings field	blackstone
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	richard doane	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9841
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