JB/091/267/001

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Augst 1808

Nothing that is ever consistent with itself: nothing
that is not for ever as its ad hoc.

But suppose it that
would the practice of the Lords be the more consistent with
itself or the more conformable is the ends of justice.

In an Irish cause here is one Judge who by
accident possesses the faculty of being heard.

In a Scotch cause, there are six Judges alone by no
one of whom this end parable faculty is by any accident ever fulfilled.

†. N.B. By §. 11. Power is given to the Judges to make alteration &
regulation concerning such forms of proceeding and process, and particularly
concerning the mode of conducting the pleadings in the said
Division or Court, and before the Ordinaries, by Writing or by Pleadings
called in caused (called?) on vivâ voce.

But in the authorities given to the , the word proceeding is dropt: & nothing said of Pleadings.
An essential, indispensable part – a system part without which
every other must remain a choice – is a system of
pleading: and in this kind there is not a syllabic.

A system of pleading is that part of the system
of procedure which in Scotch law practice is in a worse, and
more imperfect state that any other. In English
practice, bad as it is, it is not nearly so bad. Though
in a superior degree it answers fulfills the mode purposes for which
it was contrived, the purposes of judicature, yet to a certain
degree, composed with the fullest chaos, even to a considerable degree, then it answers
the purposes of justice.

Identifier: | JB/091/267/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-08	Marginal Summary Numbering	1-2
Box	091	Main Headings	scotch reform
Folio number	267	Info in main headings field	on ld eldons bill
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29263
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