JB/052/511/001

Click Here To Edit

1823. Octr. 28.
Constitutional Code or Procedure

Ch. Procedure in distances
(5) §.

14
Mischief of the mode
under existing system

In that case be the importance of the
cause ever so great, this vital function is abandoned
to some obscure underling, whose
name is never known, and who acts in secret,
no third person being present, and who is in relation
to the matter in dispute, has no other
information than what the interrogatories give
him: a sort of information which, in the case of
the Epistolary examination of a Defendant by the
initiatory discourse of a Pursuer termed the Bill,
is not admitted as sufficient to authorize the exaction
of an answer, a correspondent assertion
on the part of the Pursuer is made indispensable,
though that assertion is without check or
pretence of check allowed to be false, and is so
perhaps as often as not.

15
Under proposed system
option to Pursuer as
to examination oral
by migration or epistolary
direct or interventional

As to these two modes, there seems no reason
why the option of them should not be given by law
to the Pursuer: in some circumstances the one
will be the more advantageous to him, supposing
him in the right; in others, the other.

16
If direct it will be
as in bills in Equity
without the vast mass
of irrelevant matter.

If performed in the purely epistolary mode,
without the intervention of the Judge, the examination
of the Defendant will in so far be performed
in the same manner as, under the authority
of an English Equity Court, it is performed on a
Defendant, in and by the Initiatory Instrument
called a bill: except that in such Bill, to the string
of interrogatories, is prefixed a vast mass of irrelevant
matter, composed of lies and absurdities, such as,
in any system of procedure which had justice for
it's object, never could have had place.

In

Identifier: | JB/052/511/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10-28	Marginal Summary Numbering	14-16
Box	052	Main Headings	constitutional code; procedure code
Folio number	511	Info in main headings field	constitutional code or procedure
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17184
Box Contents