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1828. Decr 9.
Petition for Justice
1. Cases
X. Needless transference
1. Explanation
X. Device 16th needless
transference & bandying.
Justice the subject, necessity
excepted, in the
same judicature is suit
begun continued and
ended.
2. Explanation
Fees the object, it is either
transferred, or bandied.
3. Explanation
Appeal is not here in
question: there, not
without cause the transference:
here, yes.
4. Proper Court
Instances in which
justice is the object
are afforded by the cases
in which the jurisdiction
of a Justice
of the peace, acting
singly, is definitive.
5. Explanation
In preservation of
the practice, not in
it's invention and creation
consists the
device here.
6. Transference Explanation
1. As to transference.
according to the originating
place, the nature
of the case, and the
quantity of the punishment
the suit goes to
1. Old Bailey
2. Assizes
3. Sessions
4. King's Bench
7. Explanation Grand Jury
In it's way, if not
stopt, it passes through
the Grand Jury.
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I Transference
8. Mischief
Consequences: loss of
1. Evidence
2. Time
3. Money.
9. Mischief Evidence, one
For conception take
the case where the evidence
is simple.
1. Percipient and Narrating
witness, one.
2. Circumstantial evidence, none.
appeal out of the questions.
Why not end the suit
where began?
10. Mischief
Justice of the Peace,
putting down all the
evidence, why should he
not convict, sentence
and give execution
and effect?
11. Mischief
Even were death the
consequence – saving
Appeal to Jury.
12. Mischief Grand Jury
In practice the suit
passes from him, thro'
a Grand Jury to one of
those four Judicatories.
13. Mischief Grand Jury
Three times over no
tale told. Of two appears
labor expense and complication
without the
benefit of one. On Appeal,
transference wd
not have place but
upon grounds: here
without any.
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14. Mischief Grand Jury
Narrative first elicited
foreserved, it would
serve as check and security
to the second:
first and second to the
third.
In practice no such
or other use is made
of it.
15. Mischief Disposition
For deperition by design
or chance: by
purchase, emigration,
sickness, death all this
time are allowed.
Loss I. Loss of Evidence.
16. Mischief
II. Losses of time.
Blanks provided for
it in the four Judicatories.
17. Mischief
III. Loss in money incalculable.
Let each person fill
up the blanks according
to his opportunities.
Identifier: | JB/081/049/001 "JB/" can not be assigned to a declared number type with value 81.
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1828-12-09 |
1-17 |
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081 |
petition for justice |
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049 |
petition for justice |
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001 |
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marginal summary sheet |
1 |
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recto |
e1 |
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john flowerdew colls |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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25836 |
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