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1824 Jany 11
Constitutional Procedure Code
Ch. General View
Natural and Technical Contrasted

☞ See Aphorisms 1824 Nov. 18.

The natural system of judicial procedure and consequently the
design of that part of the Constitutional Code which regards the judicial establishment
has for the objects the having the maximum of execution and effect to the
matter of the Non-penal and
Penal Codes, and in other words consequently
the minimization of
and non execution or mis execution,
as also the minimization
of delay vexation and expence,
including the minimization
of the burthen of costs
natural and factitious.

The natural system has for its fundamental rules
those which follow.

1. No suit ever commenced but by leave of the Judge.

2. No leave granted, but upon hearing of a statement,
by which if true, and not rebutted by some counter-statement,
will entitle the applicant to the service prayed
at the expence charge of the Defendant, at the hands of the Judge.
Nor yet is the suit allowed to be commenced on the mere averment of a legal
ground for demand, unless according to the nature of the demand, the existence
of all countermands capable
of rebutting or adeqhately countervailing
the demand has been denied
of which counterdemand a
list will be provided in the
appropriate Code.

3. No statement received but upon such security for
verity as is regarded as sufficient in the case of an extraneous
witness: expences of the narrator to the punishment
capriciously inflicted in the case above the falshood here received
the name of perjury.

4. In the case where owing to the condition apparent circumstances in life
this security may on the part of the applicant and the evil to
which a groundless suit pursuit might expose the Defendant this security
is not sufficient, such ulterior security as the nature of the case
affords may require to be taken exacted.

5. The Of Exceptions excepted The person by whom the application
is made to in the judicatory to and in the face of the Judge
the very person who by such application is proposed to become
be constituted pursuer.

Thus to the end that not only the claim itself but
the grounds of it, if it has any, may be brought to light in the
first instance: to the end that if upon the partys applicants own shewing
there is no sufficient ground for subjecting the proposed defendant to the vexation
and expence of , he may then be preserved from it: and
that if upon the face of the application the demand has probable
grounds, the Defendant may thus at the earliest stage be prepared
either to submitt to the demand, or shew his reasons for not
submitting to it.

By these means those who would have been insincere litigants are pretty effectually
kept out on the pursuit side.

Identifier: | JB/054/001/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-01-11	Marginal Summary Numbering	1-6
Box	054	Main Headings	procedure code
Folio number	001	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9 / e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"see aphorisms 1824 nov. 18" [note in bentham's hand]]]	ID Number	17520
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