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* * ? 43.
(3) (3
Supplement.
§2. Elucidation.
II. Small Debt Courts.
Enter now upon the present carpet the double quadruple parallel —
quadruple or double, as the reader pleases.
I. As to Procedure. Devices, composing
the effectual essential character of the English regular,,
system procedure system and excluded — not only by the here proposed summary procedure system but
also by the English Justice of Peace sub-mode of that
established summary procedure system mode, and now also by the Scotch
Small Debt Courts and the English Small Debt Courts'
system, these —
1. (I.) Parties excluded from the presence of the Judge.
2. (II.) Language rendered unintelligible.
3. (III.) Written instruments, when worse than useless,
necessitated.
4. (IV.) Mendacity licensed, rewarded, and by Judge
himself practised.
5. (V.) Oaths, for the establishment of the mendacity,
necessitated: N.B. Oaths employed indeed, but not employed applied
to that purpose.
6. (X.) Mischievous transference and bandying of
suits.
7. (XI.) Decision, on grounds foreign to the merits.
8. (XVI.) Groundless Arrests for Debt.
II. Devices, not employed in either the English
Justice of Peace summarily proceeding system summary proceeding system, the
Scotch Small Debt Court System, or the English Small Debt
Court system, (the field of jurisdiction and the judiciary
establishment not affording the subject matter whereon
to operate) then.
9. (XII.) Juries subdued and subjugated. (Juries not
being in these cases employed.)
8. (XIII.) Jurisdiction, where it should be entire, split
and spliced. In the English Justice of Peace system, new stripe, rough, and and
irregular in the extreme
are in different parts
of the field, as chance
directs, spliced on. In the Scotch Small Debt Court Bill
the fields of jurisdiction, both local and logical, are
marked out at at once as it were with one stroke. So likewise in the case of
the several English Small Debt Courts severally
considered.
III. Devices
Identifier: | JB/081/341/001 "JB/" can not be assigned to a declared number type with value 81.
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081 |
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copy/fair copy sheet |
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c3 / d43 / e3 |
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john flowerdew colls |
1828 |
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1828 |
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