JB/035/264/001

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5 June 1808

☞ This idiom turned aside from. But the remedy might be
not technical procedure – effected by motion &c

In the place in question, the remedy supposed the
antecedent application of natural procedure, with decision pronounced
thereon, in the first instance.

This, being mortal to the ruling and exclusively regarded interest, would of
course be turned aside with abhorrence.

But under technical procedure English procedure is not the order of the day.
On this ground suffice it just to hear that there exists
an approved form or mode on which the analysis
might be performed, and what is the one thing material looked to
without loss of business.

By the modern invention of papers of particulars† <hi rend="superscript">† Scotch Ref. Lett.</hi>
notice is given to the adverse party demands or defence of those grounds of
demand or grounds of Defence – which would otherwise come
upon him by suspense.

And this thus like every other incidental discussion this is
introduced by Motion: motion with its fees for
the benefit of learned Lords and Gentlemen: and with its
affidavits and loaded with stamp duties are for the ease
and benefit of the Chancellor of the Exchequer, and for
the benefit of the opulent to whom in the character of dishonest debtors
or oppressive plaintiffs it may be convenient
to purchase upon those terms the faculty of causing
justice to be denied to their less opulent adversaries.

In this same mode might be brought upon the carpet
the discussion necessary to the breaking down into parts portions
capable of being allotted to different Juries, any such
mass of evidence as by its bulk and complexity is incapable
of being delivered within the space length of time during which
one and the same Jury can continue sitting together and
in possession of the
faculties necessary to
enable them to pronounce
a rational
decision on the question,
whatever it may be.

Identifier: | JB/035/264/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-05	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	264	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10857
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