JB/052/416/001

Click Here To Edit

1825. Feby 11
Procedure Code.

Note (a)
Ch. VIII Hearing
(2) §. Pursuer's Demand
Anglicé

Demand Paper B
Note (a)

8
By a Judgment nothing
got without Writ of
Inquiry

Under the English system in those Judicatories which
are called Common Law Courts in contradistinction to Equity
Courts, if the Defendant fails as to the contesting the demand
in proper form, the pursuer Plaintiff observes in his forms what is called a Judgment
but for a Judgment in which without a further proceeding
by which the merits of the case are tried under which the evidence belonging to the case is checked as if come
by the verdict of a Jury the precise amount due fixt
as it would have been by a trial after which an effective
judgment would have been rendered. The inquiry is
performed in virtue of what is called a Writ of Inquiry
the Judge being not the Judge of the Judicatory in which the
suit is begun, but a subordinate functionary called the
Sheriff by whom, had the inquiry been made in the presence
and under the direction of the Judge, simple execution would have
been given to the judgment so pronounced.

9
Judicial ignorance
maximizing is Thought
saving principle.

This act of factitious delay vexation and expence
has for its cause what may be called the Judicial ignorance nesium
maximizing principle: or Thought-saving principle that principle which has for its object
to pay to the Judge his profit out of the suit, with the least
expence possible on his part, in the of time labour
and thought. Of the number of the suit of which in a
twelvemonth the Judge by his signature pretends to have taken
cognizance, only in the case of some small proportion has he
from first to last known any thing at all about the matter,
and thus, in the great majority of cases the money executed
by the Judges (for four is the number of those employed in capable
in doing nothing or worse than nothing) is so much obtained on
false pretences: one offence prescribed in the case of more evildoers
and prescribed by those same Judges with what is called transportation
for nine years: that is to say banishment and
confinement for that to hard labour for that time.

10
At Common law
decision without
thought In Equity
thought without decision

Go to a Common Law Judicatory you thus get decree
without thought and without effect. Go in to a Equity Judicatory
you get thought or at least prate without decision: prate in plenty
and years of delay between prate and prate. Thus has it been
now
now for this and
twenty years past, ever
since the country has
been afflicted by Lord
Eldon.

Identifier: | JB/052/416/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-02-11	Marginal Summary Numbering	8-10
Box	052	Main Headings	procedure code
Folio number	416	Info in main headings field	procedure code
Image	001	Titles	demand paper b
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17089
Box Contents