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'' | <head>1824. <sic>Feb<hi rend="superscript">y</hi>.</sic> 11<lb/>Constitutional Code</head> <!-- most in pencil --> <p>6<lb/><note><sic>Ch.</sic> XI Costs Judiciary Collectively <add>162</add></note><lb/>(6 <note>§.3. Costs</note></p> <!-- this page is organised in four columns, with column headings in pencil --> <p><sic>Ch.</sic> XI. Judiciary Collectively<lb/>§. Procedure First Lines</p> <p>55.<lb/>Evil 7. — by splitting<lb/>mercenary assistant<lb/>class into sub-classes.<lb/>Not inseparable from<lb/>the <sic>mercenariness</sic> is<lb/>this evil.</p> <p>In <unclear><sic>Ch.</sic> 8.</unclear> procedure, it<lb/>is not extensively<lb/>if at all established.<lb/>This excepted. In other<lb/>as well as English<lb/>Systems is this plague<lb/>established.</p> <p>56.<lb/>From comparatively<lb/>moderate, the evil<lb/>now becomes outrageous.</p> <p>Division 1.<lb/>1, Attorney class.<lb/>2. Advocate class.<lb/>Subdivisions divers<lb/>at each, delay, vexation<lb/>and <sic>expence<lb/>encreased</sic> — in the aggregate<lb/>more than<lb/>doubled.</p> <p>57.<lb/>With this comes in<lb/>plague of written<lb/>statement interposed<lb/>between percipient<lb/>Witness's lips & Judge's<lb/>ears, statements made<lb/>in waste, not being<lb/>so much as designed<lb/>to reach his ears<lb/>or eyes.</p> <pb/><!-- start of second column --> <p><sic>Ch.</sic> XI. Judiciary Collectively<lb/>§. Procedure First Lines</p> <p>58.<lb/>From his minute of<lb/>the extra judicial examination,<lb/>Attorney<lb/>unless he trusts to memory,<lb/>draws up Advocate's<lb/>"Brief", adding<lb/>observations.<lb/>Originally, <hi rend="underline">brief</hi> meant<lb/>short: whether here it<lb/>is so, imagine from<lb/>both lawyers being <sic>p<hi rend="superscript">d</hi><lb/>accord<hi rend="superscript">g</hi></sic> to the length.<lb/>By manufacturer's<lb/>purposes, not only<lb/>bulk only, but colour<lb/>are determined.</p> <p>59.<lb/>From this written &<lb/>misrepresentational<lb/>copy upon copy, Advocate<lb/>has to frame an<lb/>oral <sic>d<hi rend="superscript">o</hi></sic>: at every stage<lb/>by every hand the picture<lb/>made wider from<lb/>the truth</p> <p>In this state, it reaches<lb/>the Judge whom the<lb/>original <sic>sh<hi rend="superscript">d</hi></sic> have<lb/>reached in the first<lb/>instance</p> <p>60.<lb/>So now in Advocates<lb/>hands it's fate.<lb/>To the most eminent<lb/>the <sic>Att<hi rend="superscript">y</hi>.</sic> naturally<lb/>gives the brief<lb/>But proportioned to<lb/>eminence is quantity<lb/>of business: the greater<lb/>the less the time and<lb/>attention applicable<lb/>to each suit.<lb/><unclear>two</unclear> to him whose<lb/>fee is scantiest!</p> <pb/> <!-- start of third column --> <p><sic>Ch.</sic> XI. Judiciary Collectively<lb/>§. Procedure First Lines</p> <p>61.<lb/>Of the number of Advocates<lb/>employed, minimum,<lb/>two: number<lb/>exemplified, ten.<lb/>Of the two, the junior<lb/>is useless: doing <sic>noth<hi rend="superscript">g</hi></sic><lb/>but uttering a few<lb/>words of form without<lb/>effect, indispensable<lb/>these where the<lb/>value in dispute<lb/>equals not the fees<lb/>paid for them.</p> <p>62<lb/>Subject in dispute<lb/>not trifling, interposed<lb/>are one two or three<lb/>between this ineffective,<lb/>the superlatively<lb/>effective. Questionable<lb/>the advantage<lb/>from all or any<lb/>on the leader, have<lb/>the rest. Anticipated<lb/>by his <unclear>Shill</unclear>, each expects<lb/>to find his own</p> <p>63.<lb/>At the time, not unfrequently<lb/>by obstacles<lb/>real or imaginary, natural<lb/>or factitious, is<lb/>the leader incapacitated<lb/>for attendance<lb/>Thereupon the business<lb/>put off, with <sic>encrease</sic><lb/>of costs, or let drop<lb/>into inferior and<lb/>imperfectly prepared,<lb/>because unexpecting<lb/>hands. Service not<lb/>performed, fee not<lb/>returned.</p> <p>64.<lb/>In this multiplication<lb/>of hands, some might<lb/>see or pretend to see<lb/><add>division</add></p> <pb/><!-- start of fourth column --> <p>64 <sic>contin<hi rend="superscript">d</hi></sic><lb/>division of <sic>labor</sic> from<lb/>which, in conversion<lb/>of raw materials into<lb/>serviceable commodities,<lb/>advantage so<lb/>mighty is gained.</p> <p>Division of <sic>labor</sic> here?<lb/>No: but multiplication,<lb/>with multiplication of<lb/><sic>expence</sic>.</p> <p>65.<lb/>Such the means by<lb/>which in a case in<lb/>which, were the claimant<lb/>allowed to state<lb/>his claim in public<lb/>to the Judge, termination<lb/>might be effected in<lb/>a few hours or even<lb/>minutes, it is <sic>delay<hi rend="superscript">d</hi></sic> for<lb/>as many months or<lb/>years: <sic>expence</sic>, instead<lb/>of a few pounds or<lb/>shillings, hundreds of<lb/>pounds or thousands.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1824. Feby. 11
Constitutional Code
6
Ch. XI Costs Judiciary Collectively 162
(6 §.3. Costs
Ch. XI. Judiciary Collectively
§. Procedure First Lines
55.
Evil 7. — by splitting
mercenary assistant
class into sub-classes.
Not inseparable from
the mercenariness is
this evil.
In Ch. 8. procedure, it
is not extensively
if at all established.
This excepted. In other
as well as English
Systems is this plague
established.
56.
From comparatively
moderate, the evil
now becomes outrageous.
Division 1.
1, Attorney class.
2. Advocate class.
Subdivisions divers
at each, delay, vexation
and expence
encreased — in the aggregate
more than
doubled.
57.
With this comes in
plague of written
statement interposed
between percipient
Witness's lips & Judge's
ears, statements made
in waste, not being
so much as designed
to reach his ears
or eyes.
---page break---
Ch. XI. Judiciary Collectively
§. Procedure First Lines
58.
From his minute of
the extra judicial examination,
Attorney
unless he trusts to memory,
draws up Advocate's
"Brief", adding
observations.
Originally, brief meant
short: whether here it
is so, imagine from
both lawyers being pd
accordg to the length.
By manufacturer's
purposes, not only
bulk only, but colour
are determined.
59.
From this written &
misrepresentational
copy upon copy, Advocate
has to frame an
oral do: at every stage
by every hand the picture
made wider from
the truth
In this state, it reaches
the Judge whom the
original shd have
reached in the first
instance
60.
So now in Advocates
hands it's fate.
To the most eminent
the Atty. naturally
gives the brief
But proportioned to
eminence is quantity
of business: the greater
the less the time and
attention applicable
to each suit.
two to him whose
fee is scantiest!
---page break---
Ch. XI. Judiciary Collectively
§. Procedure First Lines
61.
Of the number of Advocates
employed, minimum,
two: number
exemplified, ten.
Of the two, the junior
is useless: doing nothg
but uttering a few
words of form without
effect, indispensable
these where the
value in dispute
equals not the fees
paid for them.
62
Subject in dispute
not trifling, interposed
are one two or three
between this ineffective,
the superlatively
effective. Questionable
the advantage
from all or any
on the leader, have
the rest. Anticipated
by his Shill, each expects
to find his own
63.
At the time, not unfrequently
by obstacles
real or imaginary, natural
or factitious, is
the leader incapacitated
for attendance
Thereupon the business
put off, with encrease
of costs, or let drop
into inferior and
imperfectly prepared,
because unexpecting
hands. Service not
performed, fee not
returned.
64.
In this multiplication
of hands, some might
see or pretend to see
division
---page break---
64 contind
division of labor from
which, in conversion
of raw materials into
serviceable commodities,
advantage so
mighty is gained.
Division of labor here?
No: but multiplication,
with multiplication of
expence.
65.
Such the means by
which in a case in
which, were the claimant
allowed to state
his claim in public
to the Judge, termination
might be effected in
a few hours or even
minutes, it is delayd for
as many months or
years: expence, instead
of a few pounds or
shillings, hundreds of
pounds or thousands.
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1824-02-11 |
55-65 |
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052 |
constitutional code; procedure code |
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constitutional code |
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judiciary collectively / procedure first lines |
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marginal summary sheet |
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recto |
d6 / e6 / f162 |
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john flowerdew colls |
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16722 |
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