JB/081/095/001

Click Here To Edit

1829 March 13
Petition
Supplement or Postscript
§.3. Suits in pendency

By reason of the narrowness of the local field of jurisdictionII. Suits in pendency at the establishment of the proposed
and the want of intercommunity of jurisdiction system – Province proposed in relation to them
with other judicatories local or all-comprehensive incompleteness
in respect of all-comprehensive power
for elicitation of evidence. So even to ascertain
degree of frequency in the part of power for securing
execution to mandates whether instrumental or
definitive especially mandates for the procurement
of evidence at the hands of extraneous witnesses. Under
the here proposed system the variety and comprehensiveness
of the arrangements for securing effective
justice on both sides has been seen in that part
which regards Procedure. In the Small debt Court
system no such adequate security has place

Thus far by the here proposed system provision
is made for all such suits or differences as may take rise
after the operation has taken commencement, remain
to be provided for the suits at present in pendency
and such as may have come into pendency betwixt
this time and that. From Mr Cooper's book some
calculation may be made of the expense and delay
to which under the existing system suits of both
these classes are at present doomed. In respect of
these suits two arrangements present themselves as
desirable arrangements for the benefit of two at
present conflicting and irreconcileable interests, interests
of individuals at large in the two several
characters and of actual suitors and persons having
need to become suitors. The King has undisputed
power of issuing commissions for conferring judicial
power what is here proposed is that to persons in competent
number in every case acting singly
commission be issued empowering
to give continuance and termination to
both the above mentioned classes of suits always in the form of the here proposed procedure.
Consequence, the determining⊞ ⊞ the single sittings
in some instance in
the compass of a few
minutes the termination
of suits which would
otherwise not have
taken place in the all
equal number of years
and at an expence not
more than a few pounds
or even shillings. Suits
which otherwise
would have cost
hundreds or thousands had they been terminated
but⊞2 ⊞2 of which in
many instances the
termination would
have been prevented
otherwise than by
the exhaustion of
parties on one side and
the utter ruin of
parties on the other
side.

Identifier: | JB/081/095/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-03-13	Marginal Summary Numbering	1
Box	081	Main Headings	petition for justice
Folio number	095	Info in main headings field	petition
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	george bentham	Watermarks	street & co
Marginals	george bentham	Paper Producer	antonio alcala galiano
Corrections		Paper Produced in Year
Notes public		ID Number	25882
Box Contents