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Ch. IX Ultimate Intermediate proceeding
(1) §. 21 Means of accomplishing
English mode
§. English Securing judicial attendance — English mode
1
In English practice
no means of securing
attendance of parties
For securing attendance of parties, singly or
in presence of each other, no means whatever does the English
system provide in any case. On the contrary, So far from it a fundamental
principle is — never to permit any such attendance, when
by any means it can be prevented. | At the hearing before a In a Jury heard case
Jury, their attendance can not be prevented, because the
Super Chambers being open to every body all persons as so be each)
2
Instead of attendance
profit to Judge & Co
secured
Instead of attendance what it secures is a
payment of the money for the benefit of the partnership.
3
When defendants
attendance procured
it is attendance in a
prison
When either on the part in the person of the a defendant attendance
is procured any where at any place is procured secured it is attendance
not in a prison at all times out of sight and hearing of the
every Judge: the Judge by signing or causing to be signed
an appropriate instrument, causes him to taken to
and kept in a prison, in which place how he is
dealt with the Judge knows as little as he cares: the Judge
in the mean time, directly or indirectly extracting a share
out of the profit made upon the prisoner taking to himself
so much to that amount out of the money which should have given if
the defendant prisoner as is most commonly the case was a wrongdoer
in the way of compensation to the party wronged.
4.
By way of indulgence
option of confinement
in a in a spunging house
instead of a prison
By way of an indulgence the or instead of
being confined conveyed in the first instance to a prison the prehender
has the option of being consigned to a house of confinement,
commonly called a Spunging house nor is there any other name
for it. For to this To each alone as are able to and
willing to pay for it, [+] partly to the Keeper of
the House, partly to
Judge and C. can this indulgence be allowed: At this place
of confinement paying for every article of subsistence more than he would have to pay any where than he
more or less of what should have gone in compensation to the party wronged: all this to save the Judge from a hardship so as would be
the seeing and hearing the
on whose fate he
is to decide.
Identifier: | JB/057/186/001 "JB/" can not be assigned to a declared number type with value 57.
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1825-02-05 |
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procedure code |
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186 |
procedure code |
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001 |
securing judicial attendance - english mode |
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jeremy bentham |
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