JB/052/080/001

Click Here To Edit

G.B. 1825, Feby 13.
Procedure Code

P I
Ch. I III General Rules
§.1. Minimization of evil

1.
Minimization of
evil — rules.

2.
2. Minimize of the
ballance of the opposite
evils.

3.
3. Overlook not propinquity
and probability.

4.
4. Forget not evil of
2d order.

5.
5. Exclude irreparable
evil.

6.
Irreparable evil producible.
1. for want of a Judicial
mandate.
2. by a do

7.
Sides liable to be afflicted.
1. Pursuers
2. Defendants.

8.
Sources
1. Deperition of means
of execution.
2. Do of sources of evidence.

9.
Deperition of sources
of evidence is
in fact deperition
of means of execution.

10.
This deperition may
be the result of
failure of means
of communication.

11.
Execution as well
reciprocal as discreet.

---page break---

12.
Where antagonizing
lots of evil, take magnitude
into the account.

13.
In an inculpative
non criminative
suit, irreparable evil
to be guarded against
deperition of means
of compensation.

14.
Purely public penal
suit, irreparable evil
impunity of delinquents

15.
In every suit irreparable
evil.
1. Non conviction of
guilty.
2. Vexation and expense

16.
Main caution, no
inflexible rules.

17.
Arbitrary power given
to Judges by non
inflexibility of rules
counteracted by securities.

18.
Examples of evil of
inflexibility as to
quantity.

19.
1. As to matter of compensation.

20.
2. So as to punishment.

21.
Evil consequences
of fixation of times

22.
Examples in Prussian
procedure.

23.
Delay the result.

---page break---

24.
Under English System,
Examples.

25.
Dilateriness of Equity
Courts

26.
Short times fixed
for the purpose of
selling additions to
time.

27.
In proposed Codes,
rules inflexible, none.

28.
Aberrations allowed
where preponderant
good the result.

29.
Judges allowed to
add exceptions to
rules, but appropriate
reasons required.

30.
General presumption
in favour of
pursuer's right.

31.
Reason — belief in
correctness of his
judgment.

32.
The more vexatious
his mode of proceeding,
the less
presumption in
his favour.

33.
Contrast of proposed
and existing Systems

Identifier: | JB/052/080/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-02-13	Marginal Summary Numbering	1-33
Box	052	Main Headings	procedure code
Folio number	080	Info in main headings field	procedure code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16753
Box Contents