JB/052/461/001

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e 1826. Augt. Sept. 1 Aug. 31
Procedure Code

1
Ch. II Exposition Beginning
(1 §. Incompleatly organized
Suit

§§. Quasi-Suits — or say defectively constituted incompleatly organized/composed Suit

Maximum who
but. If in shape that
it presented it
is a sort of Legislation
a Legislative Inquiry Judicatory.

§. Of the Actors capable of being employed with advantage in the
judicial drama a list has been given in the Constitutional Code Ch. XII Judiciary collected

Without the idea of these characters at the least, the idea
of a judicial drama can not at least in any of its ordinary forms be so much as considered these are

1. The A person by whom the demand is made call him a pursuer
2. The A person at whose charge the demand is made — call
him a proposed ( ) Defendant
3. The person to whom the demand is addressed and at whose
hands the service necessary for the accomplishment of it are demanded:
call him the Judge.

The idea of a compleatly composed or constituted
suit being thus established, the a description is now capable of being of two species of incompleatly
constituted species of suits.

1. Incompleatly constituted organized Suit the first. the
Judge and Def proposed Defendant. the person
or as grammarians say a distant the pursuer. In the
of the Judge the position of Judge and pursuer are united.
Exemplification of this state of things .... of the species of judicial drama
are

1. An Audit Court In English practice in the adjustment settlement of accounts — in
non-penal case — an Audit Court. Defendant the Accountant
On the no person is any demand made. But the Accountant being supposedly
a debtor he is called upon to extend evidence the effect of which if conducive will be in each instance to exempt himself
from the obligation of paying
the debt money in question
in the character of a debt.

2. The German practice is a certain class of penal case the
an entire branch of procedure distinguished by the appellation of
Inquisitant or Inquisitorial: in this case, the Defendant or proposed
Defendant in this case, the Inquisitor — that is the appellate by which
he is distinguished. In the opposite case, accusatorial is the
name given to the mode or branch of procedure

In Spain this species of Judicatory and procedure if at all employed has been
seldom heard of but as applied to that branch of penal suits which
applies to Offences affecting

Note (a)
(a) By giving to a person on whose charge a demand is made the appellation
of Defendant, much confusion is produced; much confusion, and
moreover much oppression and injustice. Can it be otherwise when a person
who is utterly unable to defend himself, is dealt with spoken of and accordingly
dealt with, as if he were actually defending himself?

Identifier: | JB/052/461/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1826-08-31	Marginal Summary Numbering
Box	052	Main Headings	procedure code
Folio number	461	Info in main headings field	procedure code
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17134
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