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1828. Octr. 26
Petition for Justice
1. Case
VII Blind fixation
VII Device 7th Blind fixations
† Use to Judge
Great the saving of
Judges trouble by ignorance
of a great part
of the circumstances
on which the welfare
of the individuals concerned
and the justice
of his proceedings depend,
such the case in so
far as have
been kept out of his
† Mischief Sympathy None
2.
To individuals, boundless
the evil from such
ignorance: sympathy
none: no more than
in a steam engine
by which they were
† Absurdity. Mechanicalness
3.
Forthcoming or
not, for a day, a year,
or half a century may
any a person or document
be. For the forthcomingness
of him or
it, to fix a day in all
cases by a general rule,
is to substitute mechanical
to relative judicature. See VIII.
† Inconsistencies Domestic Judicature
What father of a family
does so? What
Justice of the peace?
What House of Commons,
when it calls
for testimony to guide
it's legislative proceedings?
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† Proper course
5.
Applicant heard, Judge
would appoint a day
or days for appearance
of Defendant and Witnesses:
days such on
which attendance was
desirable and obtainable.
† Absurdity
6.
Day fixt by general
rule, infinity to one,
it would be too distant
or not enough.
† Mischief Use
Use to Lawyers
7.
In both cases, fixation
would be had for suitors,
good for lawyers.
Distance excessive.
Proportioned to excess;
delay – temporary denial
of justice.
Distance deficient,
need of application
for enlargement: more
work for lawyers:
with expense, evidence
for a ground.
† Good Delusion.
Use to Judges.
8.
Produced thus semblance
and praise
of punctuality and regularity.
Regularity?
yes: but of injustice
mischief intentional.
9.
Of the exclusions, such
fixation, with its mischief
and profit, was
the foreseen and intended
consequence. Purposely
ignorant as to capacity
and convenience
of attendance as to each,
Judge caused to be appointed
the same day
for all.
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Proper Course Domestic
10.
On the part of the
applicant, on first appearance
Judge would
endure the means of
intercourse with
him during the remainder
of the suit.
† Proper Course.
11.
Each would thus be
tethered. By Judge &
Co. the amusement
and profit of hunting
is preferred. Abundant
the chicaneries about
notice.
† French
12.
Per Bonaparte, name
of adjustment as to
means of intercourse,
election de domiciles
Good, but not early enough.
Not till after
lawyer's profits have
commenced.
†Satisfaction
16.
Flexibility necessary:
fixity the bases base of justice.
So in Civil and
Penal substantive
Codes.
17. 16 †
In Civile, suppose
fixed satisfaction: consequence
either insufficient
or excessive:
so far as insufficient,
consequence licence
for wrong encouragement
for similar
ones: if excessive,
ruin where the wrong-doer's
substance no
more than equals
it. So in penali.
Use to Judge †
18 17.
To Judge & Co. all this
is profit: the ore
wrongs, the ore suits;
the more suits, the
more fees.
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Punishment †
19.
Six and forty years
ago, this effect of fixt
penalties fruitlessly
indicated.
Proper Course Domicile †
13
By what person needing
intercourse with another
if the importance of the
case calls for it, and the
means were in his hands,
is this precaution ever
neglected.
Proper Course Domicile †
14
But on any other occasion
than that of a
fraud; it is a man's
interest that letters shd
neither miscarry nor
after reaching their destination,
be supposed to
have miscarried.
† Non-domicile. Use to Judge
15.
But judicature is
fraud and extortion,
practised on pretence of
administering justice:
and on this occasion, for
this purpose, it is Judges's
interest, consequently wish,
constantly endeavour so to
order matters that letters
may miscarry, and when
they do not, be supposed
to have done so.
Identifier: | JB/081/042/001 "JB/" can not be assigned to a declared number type with value 81.
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1828-10-26 |
1-12, 16-18, 13-15 |
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081 |
petition for justice |
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042 |
petition for justice |
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001 |
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marginal summary sheet |
1 |
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d8 |
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john flowerdew colls |
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25829 |
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