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<p>1829. March 27.  Oct. 2.<lb/>
''This Page Has Not Been Transcribed Yet''
<head><del>Petition</del> Elucidation</head></p>
 
<p>13.  In relation to these matters, such being<lb/>
 
the true conception, <del>which</del> <add>– what</add> is that <del><gap/></del> <add>which</add><lb/>
 
by the language of Judge <del>&amp; Co.</del> <add>is conveyed</add>;  and, of course,<lb/>
by the people at large but too extensively <hi rend="underline">entertained</hi>?<lb/>
<hi rend="underline">Answer:</hi>  That <hi rend="underline">summary procedure</hi>, or as it<lb/>
is stiled <hi rend="underline">summary justice</hi>, is but a <add>sort of</add> <hi rend="underline">makeshift</hi>:<lb/>
a cheap and inferior sort of justice,<lb/>
in and by which, for the saving of time and<lb/>
expense, a sacrifice is made of the chance of<lb/>
obtaining decisions <add>conformable to the ends <hi rend="underline">mode</hi> of justice,</add> in the degree in which<lb/>
under the <hi rend="underline">regular</hi> system, <del>they <gap/><lb/>
be obtained conformable to the main ends<lb/>
of justice</del> a commodity of a coarse and<lb/>
comparatively ill suited sort, <del>which is</del> <add>being, for this<lb/>
purpose,</add> placed within the reach of the poor;  <add>and this</add> for no<lb/>
other reason, that that the prime sort <hi rend="underline">cannot</hi><lb/>
be brought, <add>or is not <hi rend="underline">vouchsafed</hi> to be brought,</add> within their power of purchasing.<lb/>
Such is the too <add>extensively</add> prevailing notion.  What,<lb/>
upon attentive inquiry, will be found<lb/>
the fact? that while, to look for justice to the<lb/>
improved summary system, will be to look<lb/>
for grapes <add>to vines,</add> to look for them to the regular<lb/>
system will be to look for grapes to thorns<lb/>
and for figs to thistles.</p>
<p>14.  Now then to recur the first mentioned of the<lb/>
above two uses.</p>
<p>To every person in so far as he is concerned<lb/>
<add>with</add> the mode of procedure <add>in those</add> Judicatories respectively, will the mode<lb/>
of procedure here proposed be, it is hoped, conceived and understood<lb/>
without any the smallest difficulty.  Easier to him than<lb/>
to a person at large, <add>will (it is hoped) it</add> would have been the conception obtained<lb/>
from the Petitions as above:  but by the assemblage<lb/>
<del>how much</del> <add>here made</add> of the principal points of similarity and<lb/>
diversity which have place between the here-proposed<lb/>
system and that with which he is conversant;  further<lb/>
facility given to such conception is a result the probability<lb/>
of which seems not <add>much</add> exposed to doubt.<hi rend="superscript">⊞</hi></p>
<p><note><hi rend="superscript">⊞</hi> 15  Persons accordingly<lb/>
to whom the proposed<lb/>
system will thus be rendered<lb/>
familiar, these:<lb/>
1.  Every person, accustomed<lb/>
to act as Justice<lb/>
of the Peace.<lb/>
2.  Every<lb/>
person, accustomed to act,<lb/>
singly or with others, as<lb/>
Judge in a Small debt<lb/>
Court.<lb/>
3.  Every person,<lb/>
who has ever acted as a<lb/>
member of a Court Martial.<lb/>
4.  So far as regards<lb/>
solicitation of<lb/>
evidence, – every person<lb/>
accustomed to act as Member<lb/>
of the House of Commons:<lb/>
not to speak of<lb/>
the other House of Parliament.</note></p>
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Revision as of 04:32, 19 January 2022

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1829. March 27. Oct. 2.
Petition Elucidation

13. In relation to these matters, such being
the true conception, which – what is that which
by the language of Judge & Co. is conveyed; and, of course,
by the people at large but too extensively entertained?
Answer: That summary procedure, or as it
is stiled summary justice, is but a sort of makeshift:
a cheap and inferior sort of justice,
in and by which, for the saving of time and
expense, a sacrifice is made of the chance of
obtaining decisions conformable to the ends mode of justice, in the degree in which
under the regular system, they
be obtained conformable to the main ends
of justice
a commodity of a coarse and
comparatively ill suited sort, which is being, for this
purpose,
placed within the reach of the poor; and this for no
other reason, that that the prime sort cannot
be brought, or is not vouchsafed to be brought, within their power of purchasing.
Such is the too extensively prevailing notion. What,
upon attentive inquiry, will be found
the fact? that while, to look for justice to the
improved summary system, will be to look
for grapes to vines, to look for them to the regular
system will be to look for grapes to thorns
and for figs to thistles.

14. Now then to recur the first mentioned of the
above two uses.

To every person in so far as he is concerned
with the mode of procedure in those Judicatories respectively, will the mode
of procedure here proposed be, it is hoped, conceived and understood
without any the smallest difficulty. Easier to him than
to a person at large, will (it is hoped) it would have been the conception obtained
from the Petitions as above: but by the assemblage
how much here made of the principal points of similarity and
diversity which have place between the here-proposed
system and that with which he is conversant; further
facility given to such conception is a result the probability
of which seems not much exposed to doubt.

15 Persons accordingly
to whom the proposed
system will thus be rendered
familiar, these:
1. Every person, accustomed
to act as Justice
of the Peace.
2. Every
person, accustomed to act,
singly or with others, as
Judge in a Small debt
Court.
3. Every person,
who has ever acted as a
member of a Court Martial.
4. So far as regards
solicitation of
evidence, – every person
accustomed to act as Member
of the House of Commons:
not to speak of
the other House of Parliament.


Identifier: | JB/081/217/001"JB/" can not be assigned to a declared number type with value 81.

Date_1

1829-03-27

Marginal Summary Numbering

13-15

Box

081

Main Headings

petition for justice

Folio number

217

Info in main headings field

elucidation

Image

001

Titles

Category

copy/fair copy sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d5 / e5 / d5

Penner

john flowerdew colls

Watermarks

street & co

Marginals

george bentham

Paper Producer

antonio alcala galiano

Corrections

jeremy bentham

Paper Produced in Year

Notes public

ID Number

26004

Box Contents

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