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JB/081/003/003

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1826 July 9.
London Petition for Judicial Reform and against Eldon. 6

Order of Ends

1. Judicial Reform in the
first place avoiding the
subsequent personalities

2. Not lets after that
Eldon
as the creator of
many of the abuses
and the preserver of
all

3. Then the Judge
as his creature, and
the irreconcilable enemies
of reform in all
shapes

Learning as the Honourable
House does by this one
declaration that be we
have not been improved
upon by so transparent
an artifice that in
regard the attempt as
an result to our understanding
and to those
of the whole people of
which we form a part
we hope that the same
imposition will not be insult will not be
attempted offered to be put
upon us a second
time

We believe that no have never heard
as yet of any such precedent
stock was ever yet upon
justice and common sense
as that of committing to
the accused pickpocket the
choice of the person by whom
he may be tried: and
if in the choice of an accused
pickpocket a choice
so given would be pregnant an act
of open hostility to
with mischief and indispensably
an act of open contempt to justice incompatible
with all regard to justice.
we declare it to be still
more flagrantly so in the case of an accused Lord [.]

The pickpocket has neither
Judge shape nor Bishop shape
nor Master shape nor Commissioner shape we gift, nor Bishop by dozen nor Vicarages and Rectories by hundreds.


---page break---

We are fully aware
that to the lack of these necessary
to be occupied [in a suit
at law or in equity]
before a decree can
consistently with justice
be given pronounced to a judicial
claim no determinant
limit can be assigned
that without just cause of
reproach either to Judge as well the system
of procedure under which
he acts it may happen that that length shall
have extended itself to be
to twenty to fifty years
a half a century

We are aware
that for the production of
such an effect either of his
causes not to speak of
others are capable of sufficiency.
These are the difficulty
of cases in the whole
stock of the appropriate
evidence which the case
happens to have furnished
and this even
supposing but one demand
and two parties
individuals plaintiff or
defendant interested in
it

2. Another is the number magnitude of it
of the individuals to whom in the character of parties to whom it
may happen to have an
interest in the one and the
same demand.

A third is the number
of demands
capable of being included
in one a demand bearing
the appearance of a single
one as in the case of the
settlement of an account,
and the distribution of the
effects of an individual
deceased with or without
a will, or of those of a
Bankrupt or other


---page break---

We know in a word
that cases can but be
abundant in which without
reproach to any body the
termination of a suit may
be delayed for any number
of years.

But of these cases of remediless
evil advantage is taken
by the concern of justice
to a pursuer
to make

that when the cause of delay is
of not in any degree
natural but is in the
whole of it fiction
being either created or
proposed by themselves
it is equally unavoidable
and remediless:

thereby to acquiesce in
their protracting the length
for their own trustee
the length of a suit for
two four eight ten
or twenty years in the
cases in which if theany regard was paid to the most obvious and obvious dictates of justice
the suit would
receive its termination
at the end of not more than as
many minutes as
by then
urgent it

Years

We beg here on this
occasion to refer Your
Honourable House to the
account given by the
late Mr Hutton of the
system of procedure pursued
under the in the Birmingham
Court of requests.
It may there be seen
that when ever the parties
were in presence of each
other and of the Judge
of [ ] suits the
average devotion was
not more than [ ]
minutes


---page break---

minutes for each suit.

We beg here to observe
to Your Honourable House
that of all and without apprehension of being
contradicted, that of the
whole number of suits
so terminated there is
not one in the case of
which a year and a
if brought before a Court
calling itself a Court of
Equity one year and
a half suppose the
Defendant unwilling to
do justice might not
have been wasted before
so much as an answer
could have been obtained
from him, true or false.

At the same time that
there is not one of them
in which had it been the
object of the plaintiff to
be oppress and ruin the
Defendant it would not
have been in his power
supposing him rich
enough to pay the assistance
price of the assistance
had for that purpose
by Equity Judge,
effectually to accomplish
that purpose, on condition
of consigning to writing
an allegation true or
false that for want of
means of extracting from
the d
evidence in support
of his claim from the d pen
of the Defendant he
was without remedy
in a Court of Common
Law.



Identifier: | JB/081/003/003
"JB/" can not be assigned to a declared number type with value 81.

Date_1

1826-07-09

Marginal Summary Numbering

Box

081

Main Headings

petition for justice

Folio number

003

Info in main headings field

london petition for judicial reform and against eldon

Image

003

Titles

Category

rudiments sheet (brouillon)

Number of Pages

2

Recto/Verso

recto

Page Numbering

f5 / f6

Penner

jeremy bentham

Watermarks

j whatman turkey mill 1824

Marginals

Paper Producer

jonathan blenman

Corrections

Paper Produced in Year

1824

Notes public

ID Number

25790

Box Contents

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