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13
III
Ch. Judicial abuses obviated
§.
33 or 1
1. See Bonaparte's Code.
Fees on both sides.
True in some cases
if sufficient persons
may have reimbursement:
meantime, no
fees money no chance for
redress.
Turn first to Bonaparte's Code. Fees exacted
from both sides. Under the name of costs the pursuer
it is true, may, in whole or in part receive if he succeeds
recover the amount from the defendant: but in
the mean time, no fees, no money no chance for redress.
34 or 2
Were pursuer's power
of calling Defendant
to account dependant
on the Judge, Judge
being spoken to in
public by pursuer,
many a suit would
there be nipt in the
bud: no person as
yet subjected to vexation
at the pleasure
of another.
35 or 3
In the case of suits
in general, the ground
they stand upon would
be seen in many
cases in a few minutes
in all in a few hours.
36 or 4
In all the conferring the
vexation would depend
not upon the will of an
angry antagonist but upon do of an impatient Judge: after hearing a statement, penalties in case of incorrectness accompanied with blame
Where Were the parties, or to take them one at a time the
pursuer or would be pursuer, admitted to the speech of
the Judge, the faculty of calling the defendant to
account, being left to depend upon the ground he could
make for to the satisfaction of the Judge, many a groundless suit
would be nipt in the bud. The ground the In the case of others
again, the ground they stand upon, would in most cases be seen in a few
minutes, in all but a very few hours, and the imposing
upon the defendant the burden of vexation & expence
would depend not altogether upon the will of his angry
antagonist, but upon the will, the calm unbiased
will of the Judge, after hearing the statement made
by applicant, under the restraint imposed by the apprehension
of condign punishment in the event of misrepresentation
in any shape accompanied with blame.
37 or 5
Applicant
if competent to state his case without assistance would state it accordingly:
if not competent, for assistant he would have the Judge.
To the affording of all necessary explanations, the
applicant without assistance from any third person at any
rate without any assistance of the so dearly paid for in the
character of professional assistance, would of himself be competent:
at any rate an account of the matter will have been given
by the person most
likely to be best acquainted
with it & this without
the smallest expense
or vexation as yet
to anybody else:
excepted always the Judge who by power and money, is to his own satisfaction paid for suffering it.
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Identifier: | JB/055/052/001 "JB/" can not be assigned to a declared number type with value 55.
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1823-12-10 |
33 or 1 - 37 or 5 |
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055 |
Constitutional Code; Procedure Code |
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052 |
Constitutional Code |
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001 |
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Copy/fair copy sheet |
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recto |
D13 |
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17773 |
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