JB/549/160/002

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1829. Aug. 13.
Reformists reviewed.Copied.

Page 68 to 82. Written Pleadings: including that special
class of them called Special Pleadings. Out of his 120, number
of pages bestowed upon the sub To the subject subject no fewer than
four fourteen. "Awe in some degree" is the sentiment
with which, (as he informs us) he had made "his approach
"to it had been accompanied". Better for the subject
as well as himself it might perhaps if have been if
instead of this degree, whatever it was, of that same sentiment
some higher degree had had place in his mind: whatever
degree in a word would have been had the
effect of keeping him aloof from it. Out of this same learned
mind must, at the time, have been compleatly
vanished, a principle laid down by him but 8 pages before: a
vanished one of his principle with which the whole of
the practice of written, to the exclusion of verbal discovery, on the sort of occasion in question,
practice is so compleatly incompatible. Turn to p. 60
there in you will find him saying "Shorten the suits brought, by
"disposing of them in the shortest time, and with the least
"expence: and before this, I would put an end to all harassing
"and unjust defence, by encouraging expedition".

Now then by what means is it that a suit is
disposed of in the shortest time? Ask the mode of procedure summary, Ask Common sense. Through
the mouth of Bentham he or she will answer you. Through the
mouth of Bentham – you and before him, through the mouth
of Summary Procedure. If you would dispose of a suit in the shortest time, and with the least expence, there is but one mode in which you can do so: and that is – by bringing into the presence of the Judge
in so far as they are within his remitt, each at the earliest convenient convenient moment, parties, witnesses – who
it is in a word all persons who have any relevant information to give, whether in the way of in whatever shape – demand,
defence or testimony.⊞ ⊞ Well then, this
same mode of disposing
of the suit, has
ourselves to a rule
by which all written
pleadings, special and
non special, stand
excluded – our learned
Reformist has he
any objection to it? Not
he indeed: it is what he
Strip the Judge of the power necessary
to his doing justice, the power to wit of compelling to the needful the testimony necessary
to to the formation of an adequate ground for his decrees; – strip him of the power of giving execution
and effect to them those his decrees when framed; – reduce him in a word to
an Arbitrator, as per page 64 no objection has our learned Reformist to
dispatch thus provided for – to saving thus much in the expence.

Identifier: | JB/549/160/002 "JB/" can not be assigned to a declared number type with value 549.
Date_1	1831-11-15	Marginal Summary Numbering
Box	549	Main Headings
Folio number	160	Info in main headings field
Image	002	Titles
Category	Collectanea	Number of Pages
Recto/Verso		Page Numbering
Penner	Richard Doane; Jeremy Bentham	Watermarks
Marginals		Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number
Box Contents