★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Ch. VIII Judiciary Hearing simple Application
(1 §.7. — English practice how commenced.
Difficulty
Anglicé Court
Instruction
§. Commencement of Suits English Practice
1
Existing system intricacy
a difficulty of establishment
of eventual
forthcomingness & responsibility
The establishment of eventual forthcomingness and responsibility
on the part of applicants [of all applicants without exception]
will be sure to be a business an operation of no small intricacy
and difficulty when provided for as it must be in an
all-comprehensive suit. It is a business an operation for which under
the current system there is an demand, and which to those
whose whole experience observation and attention have been confined
to those systems will be apt to appear triflin superfluous
and no less trifling than troublesome.
2
Two causes of the
evil
The nature of those systems under this head has two
causes varying according to the nature of the case
1 Necessity of professional
assistants
1. If the suit be a non penal one, no no person is received
to state his case in his own person without unless it be with an Ass
a Law professional assistant at his elbow: in England
in particular matters are so ordered that any person while by
the instrumentality of a professional assistant any person may
expedite a suit of this kind against any person for any
thing or for nothing at all no person even even if by morality he could without that
assistance may instrumentably contrive to institute any suit, could even by
any such mistake institute it in the presence of the
Judge. In England in particular the Judge keeps open a shop
at which in for payment of a fixt sum, without so much as supposing himself to be in the right any man may
purchase the assistance of the Judge towards ruining any other
man, the Judge having so managed the matter as to escape by purposed ignorance escaping
from all responsibility for the misery to which he gives
both and from which he profits. As the party can not
then buy his chance for justice otherwise than by the learned help without the assistance of a
paid assistant professional lawyer the lawyer will not lend his assistance
unless in his view of the matter he has sufficient security
for the costs including his own pay included, and thus of all
inquiry such trouble as that of inquiring into the circumstances
of customers is saved to the Judge
Identifier: | JB/052/412/001 "JB/" can not be assigned to a declared number type with value 52.
|
|||
---|---|---|---|
1825-01-25 |
1-2 |
||
052 |
procedure code |
||
412 |
procedure code |
||
001 |
instructive |
||
text sheet |
1 |
||
recto |
e1 |
||
jeremy bentham |
j whatman turkey mill 1824 |
||
jonathan blenman |
|||
1824 |
|||
17085 |
|||