JB/052/379/001

Click Here To Edit

1824 Oct. 30

Procedure Code Ch. Commencement

Judges

6.
Commencement of suits
Anglici

In the English system Under Judge made law the not only different sorts of
suits but in different Judicatories suits of the same sorts take the
commencement in a variety of different manners

7
Not by personal
application

In all these Judicatories the mode of commencement
agrees however in this: to that the suit does not commonly
present application made by any individual to the Judge
Should any suits application to be made it would be in certainly
and not without indignation be refined: if with a refusal indignation which
were the application if made in secret would beyond a dispute be justifiable and
indispensable

8
Modes 1 Civil 2 Penal
Submodes of Civil 1
Common law 2. Equity

Two differentdistinguishable modes of commencement are here distinguishable:
guishable: 11 the non-penal stiled Civil: and 2 the Penal. and 1 the Common Law mode the Equity mode
In the Civil manner the to a may be distinguished two submodes
in Common Law mode and the Equity mode. The Common Law mode is that pursued in the two
Common Law Judicatures. to wit the Kings Bench. the Common
Law Plans and the Common Law side of the Exchequers

9
In all cases mode of
procedure contrived
for & made subservient
to enrolment for
Judge & co

In all casesThe object being to put money into the pocket of the
Judge, the object and this alone except the like benefit to
the Jud other member of the of the form of Judge's and c partnership the mode of
procedure is made subservient evidence. Judge and Co keeping . The individual by whose commencement
is given to the suit the plaintiff as he is stiled
In Westminster Hall and its ptains Judge & Co keep
open shop. For the profit upon the expence they sell to every
individual that will pay the price they sell the power of subsistingimposing
expence and vexation to an certain amount more
or less considerable to any person and any number of persons
at the at whatever distance it be from the shop so it
be within the bench of the English part of the Kingdom. To this At shop the plaintiff
alone cause is just who has suffered among is found to reapply makes application, and
these add suffering to suffering ere he can cr to take
his claim for relief. The plaintiff who object is to do wrong
and impl the kind of ready of the Judge as an instrument, and
having paid the price of it and is thus enabled to consume
the of wrong heaping suffering upon his victim upon a suffering until the
measure of intended wrong is filled and the proposed quantity
of suffering produced.

Identifier: | JB/052/379/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1824-10-30	Marginal Summary Numbering	6-9
Box	052	Main Headings	procedure code
Folio number	379	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e1 / f6
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17052
Box Contents