JB/078/131/001

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1826. Octr. 25
Review of Humphreys

Ch. Agenda
3 (2) §§. Depending Suits

Established with a degree of precision sufficient for this
purpose is the average duration of a civil suit. In the Birmingham
Small debts Judicatories exclusive of the day of delivery the summons ...... minutes. In the greatest
part of the cases now depending this would be the duration of
the suit if recommenced upon the natural plan.

Happily altogether unexposed to the reproach of innovation
silly needless as it is, is the plan system of procedure here proposed.
For one Even now for one suit carried carrying on in the
technical re mode we have every year suits by dozens and by series
not only carried on but after a duration such as the above
in the natural mode. This being the case, happily
for the people, the general rule is the one apt mode of procedure
is that which in respect of matter of fact comes under the
general rule, the aggregate of the unapt modes in all their hideous variety
the exception.

Too true it is that in but too large a proportion there
are no suits — these are individual suits — there are whole species
of suits that admitt not would not admitt of any such prompt
or so much as any approach to it. But of this misfortune the cause lies
not in the nature of the system of procedure, but in the nature of
things the case.
[+] in circumstances out
of the reach of human
controul

Be the suit what it may, the operation
to no determinate limits can there be to the delay, or to the
expence or to the difficulty of bringing within the cognizance of
the Judicatory the evidence on which the proof of the right
of the plaintiff to the remedy demanded by him, or case of
fallacious evidence the disproof of it on the part of the defendant
may happen to depend: and as it is in regard to the matter
of evidence, so is it as to the matter applicable to the purpose
of comparable matters which to enable him to apply the
remedy must be brought within the power of the Judge.

by no system of procedure
by no enactment of
substantive law can he
make injured suitors
any more than to make
lovers happy, can either
space or time be annihilated. Station of suppose in , so be of the matter applicable to the purpose of compensation. British Judice: think of the delay and
expence [+]
[+] expence necessary
before the matter of
compensation can be
lodged in the pocket of the plaintiff.

Identifier: | JB/078/131/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-10-25	Marginal Summary Numbering
Box	078	Main Headings	Review of Humphreys
Folio number	131	Info in main headings field	Review of Humphreys
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	E2
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	25222
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