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6
Ch. XI Costs Judiciary Collectively 162
(6 §.3. Costs
Ch. XI. Judiciary Collectively
§. Procedure First Lines
55.
Evil 7. — by splitting
mercenary assistant
class into sub-classes.
Not inseparable from
the mercenariness is
this evil.
In Ch. 8. procedure, it
is not extensively
if at all established.
This excepted. In other
as well as English
Systems is this plague
established.
56.
From comparatively
moderate, the evil
now becomes outrageous.
Division 1.
1, Attorney class.
2. Advocate class.
Subdivisions divers
at each, delay, vexation
and expence
encreased — in the aggregate
more than
doubled.
57.
With this comes in
plague of written
statement interposed
between percipient
Witness's lips & Judge's
ears, statements made
in waste, not being
so much as designed
to reach his ears
or eyes.
Ch. XI. Judiciary Collectively
§. Procedure First Lines
58.
From his minute of
the extra judicial examination,
Attorney
unless he trusts to memory,
draws up Advocate's
"Brief", adding
observations.
Originally, brief meant
short: whether here it
is so, imagine from
both lawyers being pd
accordg to the length.
By manufacturer's
purposes, not only
bulk only, but colour
are determined.
59.
From this written &
misrepresentational
copy upon copy, Advocate
has to frame an
oral do: at every stage
by every hand the picture
made wider from
the truth
In this state, it reaches
the Judge whom the
original shd have
reached in the first
instance
60.
So now in Advocates
hands it's fate.
To the most eminent
the Atty. naturally
gives the brief
But proportioned to
eminence is quantity
of business: the greater
the less the time and
attention applicable
to each suit.
two to him whose
fee is scantiest!
Ch. XI. Judiciary Collectively
§. Procedure First Lines
61.
Of the number of Advocates
employed, minimum,
two: number
exemplified, ten.
Of the two, the junior
is useless: doing nothg
but uttering a few
words of form without
effect, indispensable
these where the
value in dispute
equals not the fees
paid for them.
62
Subject in dispute
not trifling, interposed
are one two or three
between this ineffective,
the superlatively
effective. Questionable
the advantage
from all or any
on the leader, have
the rest. Anticipated
by his Shill, each expects
to find his own
63.
At the time, not unfrequently
by obstacles
real or imaginary, natural
or factitious, is
the leader incapacitated
for attendance
Thereupon the business
put off, with encrease
of costs, or let drop
into inferior and
imperfectly prepared,
because unexpecting
hands. Service not
performed, fee not
returned.
64.
In this multiplication
of hands, some might
see or pretend to see
division
64 contind
division of labor from
which, in conversion
of raw materials into
serviceable commodities,
advantage so
mighty is gained.
Division of labor here?
No: but multiplication,
with multiplication of
expence.
65.
Such the means by
which in a case in
which, were the claimant
allowed to state
his claim in public
to the Judge, termination
might be effected in
a few hours or even
minutes, it is delayd for
as many months or
years: expence, instead
of a few pounds or
shillings, hundreds of
pounds or thousands.
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Identifier: | JB/052/049/001 "JB/" can not be assigned to a declared number type with value 52.
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1824-02-11 |
55-65 |
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constitutional code; procedure code |
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constitutional code |
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001 |
judiciary collectively / procedure first lines |
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marginal summary sheet |
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recto |
d6 / e6 / f162 |
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john flowerdew colls |
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16722 |
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