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J.B. constitutional<lb/> | J.B. constitutional<lb/> | ||
= in Sect<lb/> | = in Sect<lb/> | ||
Commencement | Commencement Anglice.</note><lb/> | ||
<p>Book I. or II.?</p> | <p>Book I. or II.?</p> | ||
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<del>Judge</del> variety of<lb/> | <del>Judge</del> variety of<lb/> | ||
modes</note><lb/> | modes</note><lb/> | ||
all | all suits agree But different sorts of suits or suits of the same<lb/> | ||
suit may be command in any one of a <add>considerable</add> great variety of modes</p> | suit may be command in any one of a <add>considerable</add> great variety of modes</p> | ||
| Line 28: | Line 28: | ||
<p>Under the present proposed Code every suit takes it<lb/> | <p>Under the present proposed Code every suit takes it<lb/> | ||
commencement on the <add>one and</add> same manner: <del><gap/></del> application <add>present application</add> made by<lb/> | |||
< | <unclear>some</unclear> individual to the Judge. For to the Judge <add>and to him </add> alone belongs the<lb/> | ||
<unclear>power</unclear> to give execution and effect to it. <add>A system of Procedure which takes its</add> This accordingly may<lb/> | |||
<gap/>ment | <gap/>ment them may therefore in so far as the progress correspondent with the <lb/> | ||
<add> | <add>commencement</add> as stiled the natural system of Procedure.</p> | ||
<note>3<lb/> | <note>3<lb/> | ||
| Line 43: | Line 43: | ||
<p>Sooner or later or at the same time or other without<lb/> | <p>Sooner or later or at the same time or other without<lb/> | ||
an application by somebody the Judge unless <add>is <del><gap/></del> be of</add> he himself sole<lb/> | an application by somebody the Judge unless <add>is <del><gap/></del> be of</add> he himself sole<lb/> | ||
give | give commencement to the suit can not but be made. But if<lb/> | ||
made at all, at what other | made at all, at what other period can it with so much propriety <lb/> | ||
with so little | to made? be made with so little danger of substantive <gap/>:<lb/> | ||
with so little if not in the shape of expence, vexation and<lb/> | |||
delay Expence is minimized: for the sole expence <add>the standing expence of</add> that of the Judication<lb/> | delay Expence is minimized: for the sole expence <add>the standing expence of</add> that of the Judication<lb/> | ||
to <add>in</add> an <add>other</add> individual is vexation <del>for</del> in any other shape produced.<lb/> | excepted is that of the applicant's time: Vexation is minimized<lb/> | ||
for to <add>in</add> an <add>other</add> individual is vexation <del>for</del> in any other shape produced.<lb/> | |||
and in the case of that individual the vexation is more than compensated,<lb/> | and in the case of that individual the vexation is more than compensated,<lb/> | ||
or he would not inflict it on himself: delay is also minimized<lb/> | or he would not inflict it on himself: delay is also minimized:<lb/> | ||
or rather at this point it is extended.</p> | or rather at this point it is extended.</p> | ||
| Line 57: | Line 59: | ||
a mass of evil</note><lb/> | a mass of evil</note><lb/> | ||
<p>In no other mode can commencement be given to a | <p>In no other mode can commencement be given to a suit without<lb/> | ||
a mass of evil in the united shapes of expence, vexation and<lb/> | a mass of evil in the united shapes of expence, vexation and<lb/> | ||
delay to which there are no bounds.</p> | delay to which there are no bounds.</p> | ||
| Line 67: | Line 69: | ||
<p>To commencement in this mode of the be the modes<lb/> | <p>To commencement in this mode of the be the modes<lb/> | ||
throughout the | throughout the dominions <add><unclear>portions</unclear></add> of the state, a <del><gap/></del> multitude of<lb/> | ||
judicatories and these suited <add>stat<gap/></add> with reference to facility of<lb/> | judicatories and these suited <add>stat<gap/></add> with reference to facility of<lb/> | ||
appropriate to applicants are evidently <add>manifestly </add> indispensable. But<lb/> | appropriate to applicants are evidently <add>manifestly </add> indispensable. But<lb/> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1824 Oct. 30
Procedure Code
Ch. Initiating application
J.B. constitutional
= in Sect
Commencement Anglice.
Book I. or II.?
Ch.1
Commencement of a sect.
Every suit must have its commencement: thus for in this circumstance 1
Commencement of a
by application to
Judge variety of
modes
all suits agree But different sorts of suits or suits of the same
suit may be command in any one of a considerable great variety of modes
2
Under proposed code
by application of some
individual to Judge
Under the present proposed Code every suit takes it
commencement on the one and same manner: application present application made by
some individual to the Judge. For to the Judge and to him alone belongs the
power to give execution and effect to it. A system of Procedure which takes its This accordingly may
ment them may therefore in so far as the progress correspondent with the
commencement as stiled the natural system of Procedure.
3
Application in the
course of the suit
must be made & when
better than at the
commencement
Sooner or later or at the same time or other without
an application by somebody the Judge unless is be of he himself sole
give commencement to the suit can not but be made. But if
made at all, at what other period can it with so much propriety
to made? be made with so little danger of substantive :
with so little if not in the shape of expence, vexation and
delay Expence is minimized: for the sole expence the standing expence of that of the Judication
excepted is that of the applicant's time: Vexation is minimized
for to in an other individual is vexation for in any other shape produced.
and in the case of that individual the vexation is more than compensated,
or he would not inflict it on himself: delay is also minimized:
or rather at this point it is extended.
4
In no other mode
commencement without
a mass of evil
In no other mode can commencement be given to a suit without
a mass of evil in the united shapes of expence, vexation and
delay to which there are no bounds.
5
Commencement in
this mode would require
a multitude of Judicatories
To commencement in this mode of the be the modes
throughout the dominions portions of the state, a multitude of
judicatories and these suited stat with reference to facility of
appropriate to applicants are evidently manifestly indispensable. But
whatsoever be their number it follows not that in the mode of procedure
making Judication being out of the persons any the smallest difference should have place.
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Identifier: | JB/052/378/001"JB/" can not be assigned to a declared number type with value 52. |
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1824-10-30 |
1-5 |
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052 |
procedure code |
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378 |
procedure code |
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001 |
book i or ii / ch. 1 / commencement of a suit |
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1 |
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c1 / f5 |
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jeremy bentham |
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17051 |
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