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there in irresistible power, wrapt in impunity, that
should make it. What is there in an English
Judge that should make him an exception to
this rule?
Such being the grievance, and such
the cause of it now as to the remedy. The cause we
said, for shortness. The causes we should have said,
for there is a chain of them: nor till the whole chain has
been brought to view can any tolerably adequate
conception be entertained, of the sole effectual remedy:
the natural substituted to the existing technical
system of procedure Cause of the oppositeness of
the system to the ends of justice, the sinister
interest on the part of the Judges with whom
it originated. Cause of this sinister interest,
the mode of their renumeration: instead of Salary
paid by Government, fees exacted from Suitors.
Cause of this mode of renumeration , want of
settled revenue in a pecuniary shape: for Military
and other purposes, personal service, rendered to
Government, being paid for - not in money but in
land. Cause of this mode of payment, rude state
of Society in these early times.
But for the Norman Conquest, no such
sinister interest in conjunction with the power of
giving effect to it, would have had place. At the
4.
if duly received.
In the Judicatory of a Justice of
Peace acting singly, and in a small Debt Court,
conducted in this way, many and many a
suit is ended almost as soon as begun: many
a suit which, in a common Law Court, would
have absorbed pounds by hundreds and time
by years, and, after that, or without that, in
an Equity Court, pounds by the thousands, and
time by tens of years. As often as, upon the
Demandants own showing, the demand is
groundless, to him, who, under the present
system, would be Defendant, all the expense,
all the vexation, attached to that calamitous
situation, would be saved.
To go back to the primeval period which
gave rise to this device, where, in a countless swarm
fee fed assistants and they alone have to do the
business with their partner in trade, the fee fed
Judge, the reverse of this took place; and continues
to have place of place course. Every thing was and
is kept back as long as possible: operation was and
is made to follow operation - instrument, instrument
that each operation and each instrument may
have it's fees. On the one hand notices, rendered
as expensive as possible, are sent for the purpose
of their not being received: on the other hand,
notices that have been received, the receipt is
left unacknowledged or even denied, and in
either case assumed not to have place.
True it is, states of things there are
13.
Identifier: | JB/081/173/002 "JB/" can not be assigned to a declared number type with value 81.
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081 |
petition for justice |
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173 |
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002 |
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copy/fair copy sheet |
4 |
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recto |
c3 / c4 / c13 / c14 |
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25960 |
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