JB/149/367/011

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CIVIL JUSTICE in the WEST INDIES : (JAMAICA) 109

and directs all such documents to be annexed to the report, and referred to by
numbers.

The regulation, also at Jamaica, requiring lists to be made by the Master every General
Observations and
Suggestions.
year, before the 25th March, of the causes referred to him, and of the monies in his
hands in each cause, and to be hung up in the Registrar's office, for the information
of all parties, we think entitled to great commendation, and highly useful to the
public.

All copies of papers, not of necessity emanating from the Master's office, should,
we think, be made and served by the respective solicitors in the cause.

With regard to the question, whether the plaintiff should serve an office copy of
the bill on the defendant, together with a subpoena, which would certainly save time,
the objection of the expense, where the parties are numerous, seems difficult to be
got over; where there is only one defendant, it seems advisable; where there are
more, perhaps service on one of the defendants, when the interest of the others are
not adverse, with notice to them, and liberty to take a copy from the one so served,
might be sufficient; and as these copies might be made by their own solicitors, they
would be responsible for their accuracy; but in many cases, a copy of the whole bill
would be unnecessary.

In cases of mere revivor, a memorandum on the record of the cause of abatement, Revivor.
and subpoena on the heir or representative to show cause, or take up the process,
would, we think, be sufficient.*

We have thus endeavoured, by a recurrence to Foreign law on this subject, to
show, that many points, which have been suggested by various eminent counsel and
solicitors, and other gentlemen, who have been examined under the Chancery Commission,
for the improvement of the practice of the courts of equity in this country,
have been already acted upon, and on fixed principles, in the Foreign courts; and
farther to show, that, in some respects, it may, perhaps, be useful to consult them
more fully hereafter, when any measures are to be propounded to Parliament on the
Chancery Commission Report. At all events, if this reference to Foreign law
should be attended with no other advantage, it would possess this, that many valuable
points, suggested under the Chancery Commission, will be relieved from the
objection that may otherwise be made to them, of being founded on mere theoretic
notions, by the circumstance, that they have been already acted upon for centuries,
in countries which have produced such men as Grotius, Puffendorf, Voet, and
Bynkershoek.

*This is the practice of the Dutch courts, and is termed arrementem van een proces aan te
neemen, and one citation on the heir is sufficient for this purpose.

559.

Ee

Identifier: | JB/149/367/011 "JB/" can not be assigned to a declared number type with value 149.
Date_1		Marginal Summary Numbering
Box	149	Main Headings
Folio number	367	Info in main headings field
Image	011	Titles	first report of commissioners on criminal and civil justice in the west indies (jamaica)
Category	printed material	Number of Pages	11
Recto/Verso	recto	Page Numbering	/ 100-109
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	"extract from mr henry's report on the colony of jamaica / to jeremy bentham esq / with his best respects"	ID Number	50221
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