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JB/081/019/001

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1829. July 30.
Dispatch Court. Bill II. Judiciary
Execution second Law.

or 1.
Ends willed – so means.
If to effectual execution
of Judge's mandates any
thing be wanting better
they were issued.

or 2.
Modes of obstruction,
two
1. Direct and declared
2. Indirect and undeclared.
This the more mischievous.
By it delay & expense
would be produced: by
direct, neither.

or 3.
For securing execution
instrumental subordinates
of his own, indispensable,
unappropriate,
unapt all those
employed by Equity Court.

or 4.
Not so as between Equity
& Dispatch Court.
Object of Dispatch Court
extinction of fictitious
delay & expense: of Equity
Court, maximization.

or 5.
Common Law subordinates
have by usage been rendered
obedient to Equity
mandates: not so to
Dispatch Court mandates.

or 6.
Common Law Judges
have by usage been
rendered acquiescent
to the ascendency of
Equity do., not so
Equity Judges to do. of
Dispatch Court Judge.

or 7.
Of obstruction from all
these quarters proportionable
effect increase of
factitious delay & expense:
proportionable
discredit to the new
institution professing
to extinguish these
evils.


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or 8.
Equity Court's instruments
two – 1. Sheriff –
2. Serjeant at arms.

or 9.
1. Sheriff lack of foursides.
Sheriff, Equity has but
one – Sheriff of Middlesex,
he being most within
reach of Equity Judges.

or 10.
True. Chancery manufactory
of "Writs". But
great would be "doubts"
before so new an one
would be got up for
sale as that required
by Dispatch Judge.

or 11.
2. Serjeant at arms, a
satellite located by
Equity Judge – his origin
– Dreamt by Chancellor
a "Rebellion".
Serjeant at arms, Army,
or Commander of Army,
raised for quelling it.
"commission of Rebellion",
not like Commission of
Review – to make the
the thing, but to annihilate
it.

or 12.
Performed thereafter
was "sequestration", by
sequestrators "manipulus furam"; Thrase,
the sequestrators; all
pretending for years, to
be do what could be
be done in days or hours.

or 13.
Requisite in every case
that into Judge's hands,
the subject matter of property,
be taken.
Accidental case alone
excepted where punishment
happens to become
necessary, the defendant's
or any body else's body: viz.
as a mean for coming
at
the property.


---page break---

or 14.
According to the individual
case will Judge, if
honest, act: Demandants
being on at the outset
in his presense,
thence in his power, and
interrogable, thereupon
if sufficient security
be found by him for
eventual compensation
to Defendant, he will
lay hold of the property
in question, or Defendant's
body, or both, mindful
throughout to avoid
producing preponderant
evil.

or 15.
Ordinarily after this –
Defendant the properest
person to be made to
come next = viz. partly
for securing forthcomingness
of the property, partly
as being, ordinarily,
he who is more acquainted
than any
other person with the
material facts belonging
to the case: but
any other person, by
whose prior examination
the state of the
case is more likely to
be come at, will be
previously examined
in preference.


---page break---

or 16.
On what persons shall
the Dispatch Judge have
power to operate? On
Persons dependent on himself
alone.

or 17.
True, by Equity Judges to
exercise their ascendancy
on no person is operation
performed besides a party the Plaintiff
at Common Law.

or 18.
As between Common
Law Judge and Equity
Judge, this sufficed formerly:
and continues
to do still: no more
apprehension of disappointment
being produced
in Equity Judge's
mind by contemplation
of disobedience on the
part of the Common Law
Judge than by do. of do.
to a certiorari directed
to the Mufti.


Identifier: | JB/081/019/001
"JB/" can not be assigned to a declared number type with value 81.

Date_1

1829-07-30

Marginal Summary Numbering

or 1 - or 16

Box

081

Main Headings

petition for justice

Folio number

019

Info in main headings field

dispatch court

Image

001

Titles

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

john flowerdew colls

Watermarks

Marginals

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

Notes public

ID Number

25806

Box Contents

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