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<p>1829. July 30.<lb/> | |||
' | <head>Dispatch Court.</head> | ||
<note>Bill II. Judiciary<lb/> | |||
Execution second Law.</note></p> | |||
<p>or 1.<lb/> | |||
<hi rend="underline">Ends</hi> willed – so <hi rend="underline">means</hi>.<lb/> | |||
If to effectual execution<lb/> | |||
of Judge's mandates any<lb/> | |||
thing be wanting better<lb/> | |||
they were issued.</p> | |||
<p>or 2.<lb/> | |||
Modes of obstruction,<lb/> | |||
two<lb/> | |||
1. Direct and declared<lb/> | |||
2. Indirect and undeclared.<lb/> | |||
This the more mischievous.<lb/> | |||
By it delay & expense<lb/> | |||
would be produced: by<lb/> | |||
direct, neither.</p> | |||
<p>or 3.<lb/> | |||
For securing execution<lb/> | |||
instrumental subordinates<lb/> | |||
of his own, indispensable,<lb/> | |||
unappropriate,<lb/> | |||
unapt all those<lb/> | |||
employed by Equity Court.</p> | |||
<p>or 4.<lb/> | |||
Not so as between Equity<lb/> | |||
& Dispatch Court.<lb/> | |||
Object of Dispatch Court<lb/> | |||
<hi rend="underline">extinction</hi> of fictitious<lb/> | |||
delay & expense: of Equity<lb/> | |||
Court, maximization.</p> | |||
<p>or 5.<lb/> | |||
Common Law subordinates<lb/> | |||
have by <hi rend="underline">usage</hi> been rendered<lb/> | |||
obedient to Equity<lb/> | |||
mandates: not so to<lb/> | |||
Dispatch Court mandates.</p> | |||
<p>or 6.<lb/> | |||
Common Law Judges<lb/> | |||
have by <hi rend="underline">usage</hi> been<lb/> | |||
rendered acquiescent<lb/> | |||
to the ascendency of<lb/> | |||
Equity d<hi rend="superscript">o.</hi>, not so<lb/> | |||
Equity Judges to d<hi rend="superscript">o.</hi> of<lb/> | |||
Dispatch Court Judge.</p> | |||
<p>or 7.<lb/> | |||
Of obstruction from all<lb/> | |||
these quarters proportionable<lb/> | |||
effect increase of<lb/> | |||
factitious delay & expense:<lb/> | |||
proportionable<lb/> | |||
discredit to the new<lb/> | |||
institution professing<lb/> | |||
to extinguish these<lb/> | |||
evils.</p> | |||
<pb/> | |||
<p>or 8.<lb/> | |||
Equity Court's instruments<lb/> | |||
two – 1. Sheriff –<lb/> | |||
2. Serjeant at arms.</p> | |||
<p>or 9.<lb/> | |||
1. Sheriff lack of <unclear>foursides</unclear>.<lb/> | |||
Sheriff, Equity has but<lb/> | |||
one – Sheriff of Middlesex,<lb/> | |||
he being most within<lb/> | |||
<hi rend="underline">reach</hi> of Equity Judges.</p> | |||
<p>or 10.<lb/> | |||
True. Chancery manufactory<lb/> | |||
of "<hi rend="underline">Writs</hi>". But<lb/> | |||
great would be "<hi rend="underline">doubts</hi>"<lb/> | |||
before so <hi rend="underline">new</hi> an one<lb/> | |||
would be got up for<lb/> | |||
sale as that required<lb/> | |||
by <hi rend="underline">Dispatch Judge</hi>.</p> | |||
<p>or 11.<lb/> | |||
2. Serjeant at arms, a<lb/> | |||
satellite located by<lb/> | |||
Equity Judge – his origin<lb/> | |||
– Dreamt by Chancellor<lb/> | |||
a "<hi rend="underline">Rebellion</hi>".<lb/> | |||
Serjeant at arms, Army,<lb/> | |||
or Commander of Army,<lb/> | |||
raised for quelling it.<lb/> | |||
"commission of Rebellion",<lb/> | |||
not like Commission of<lb/> | |||
Review – to make the<lb/> | |||
the thing, but to annihilate<lb/> | |||
it.</p> | |||
<p>or 12.<lb/> | |||
Performed thereafter<lb/> | |||
was "<hi rend="underline">sequestration</hi>", by<lb/> | |||
sequestrators "<hi rend="underline">manipulus <unclear>furam</unclear></hi>"; <hi rend="underline">Thrase</hi>,<lb/> | |||
the sequestrators; all<lb/> | |||
<hi rend="underline">pretending</hi> for <hi rend="underline">years</hi>, to<lb/> | |||
<del>be</del> <add>do</add> what could be<lb/> | |||
be done in days or <hi rend="underline">hours</hi>.</p> | |||
<p>or 13.<lb/> | |||
Requisite in <hi rend="underline">every</hi> case<lb/> | |||
that into Judge's hands,<lb/> | |||
the subject matter of property,<lb/> | |||
be taken.<lb/> | |||
Accidental case alone<lb/> | |||
excepted where punishment<lb/> | |||
happens to become<lb/> | |||
necessary, the defendant's<lb/> | |||
or any body else's body: viz.<lb/> | |||
as a mean for <hi rend="underline">coming<lb/> | |||
at</hi> the property.</p> | |||
<pb/> | |||
<p>or 14.<lb/> | |||
According to the <hi rend="underline">individual</hi><lb/> | |||
case will Judge, if<lb/> | |||
honest, act: Demandants<lb/> | |||
being <del>on</del> <add>at</add> the outset<lb/> | |||
in his <hi rend="underline">presense</hi>,<lb/> | |||
thence in his <hi rend="underline">power</hi>, and<lb/> | |||
interrogable, thereupon<lb/> | |||
if sufficient security<lb/> | |||
be found by him for<lb/> | |||
eventual compensation<lb/> | |||
to Defendant, he will<lb/> | |||
lay hold of the property<lb/> | |||
in question, or Defendant's<lb/> | |||
body, or both, mindful<lb/> | |||
throughout to avoid<lb/> | |||
producing preponderant<lb/> | |||
evil.</p> | |||
<p>or 15.<lb/> | |||
Ordinarily after this –<lb/> | |||
Defendant the properest<lb/> | |||
person to be made to<lb/> | |||
come next = viz. partly<lb/> | |||
for securing forthcomingness<lb/> | |||
of the property, partly<lb/> | |||
as being, ordinarily,<lb/> | |||
he who is more acquainted<lb/> | |||
than any<lb/> | |||
other person with the<lb/> | |||
material facts belonging<lb/> | |||
to the case: but<lb/> | |||
any other person, by<lb/> | |||
whose prior examination<lb/> | |||
the state of the<lb/> | |||
case is more likely to<lb/> | |||
be come at, will be<lb/> | |||
previously examined<lb/> | |||
in preference.</p> | |||
<pb/> | |||
<p>or 16.<lb/> | |||
On what persons shall<lb/> | |||
the Dispatch Judge have<lb/> | |||
power to operate? On<lb/> | |||
Persons dependent on himself<lb/> | |||
alone.</p> | |||
<p>or 17.<lb/> | |||
True, by Equity Judges to<lb/> | |||
exercise their ascendancy<lb/> | |||
on no person is operation<lb/> | |||
<add>performed</add> besides a party the Plaintiff<lb/> | |||
at Common Law.</p> | |||
<p>or 18.<lb/> | |||
As between Common<lb/> | |||
Law Judge and Equity<lb/> | |||
Judge, this sufficed formerly:<lb/> | |||
and continues<lb/> | |||
to do still: no more<lb/> | |||
apprehension of disappointment<lb/> | |||
being produced<lb/> | |||
in Equity Judge's<lb/> | |||
mind by contemplation<lb/> | |||
of disobedience on the<lb/> | |||
part of the Common Law<lb/> | |||
Judge than by d<hi rend="superscript">o.</hi> of d<hi rend="superscript">o.</hi><lb/> | |||
to a certiorari directed<lb/> | |||
to the <unclear>Mufti</unclear>.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1829. July 30.
Dispatch Court.
Bill II. Judiciary
Execution second Law.
or 1.
Ends willed – so means.
If to effectual execution
of Judge's mandates any
thing be wanting better
they were issued.
or 2.
Modes of obstruction,
two
1. Direct and declared
2. Indirect and undeclared.
This the more mischievous.
By it delay & expense
would be produced: by
direct, neither.
or 3.
For securing execution
instrumental subordinates
of his own, indispensable,
unappropriate,
unapt all those
employed by Equity Court.
or 4.
Not so as between Equity
& Dispatch Court.
Object of Dispatch Court
extinction of fictitious
delay & expense: of Equity
Court, maximization.
or 5.
Common Law subordinates
have by usage been rendered
obedient to Equity
mandates: not so to
Dispatch Court mandates.
or 6.
Common Law Judges
have by usage been
rendered acquiescent
to the ascendency of
Equity do., not so
Equity Judges to do. of
Dispatch Court Judge.
or 7.
Of obstruction from all
these quarters proportionable
effect increase of
factitious delay & expense:
proportionable
discredit to the new
institution professing
to extinguish these
evils.
---page break---
or 8.
Equity Court's instruments
two – 1. Sheriff –
2. Serjeant at arms.
or 9.
1. Sheriff lack of foursides.
Sheriff, Equity has but
one – Sheriff of Middlesex,
he being most within
reach of Equity Judges.
or 10.
True. Chancery manufactory
of "Writs". But
great would be "doubts"
before so new an one
would be got up for
sale as that required
by Dispatch Judge.
or 11.
2. Serjeant at arms, a
satellite located by
Equity Judge – his origin
– Dreamt by Chancellor
a "Rebellion".
Serjeant at arms, Army,
or Commander of Army,
raised for quelling it.
"commission of Rebellion",
not like Commission of
Review – to make the
the thing, but to annihilate
it.
or 12.
Performed thereafter
was "sequestration", by
sequestrators "manipulus furam"; Thrase,
the sequestrators; all
pretending for years, to
be do what could be
be done in days or hours.
or 13.
Requisite in every case
that into Judge's hands,
the subject matter of property,
be taken.
Accidental case alone
excepted where punishment
happens to become
necessary, the defendant's
or any body else's body: viz.
as a mean for coming
at the property.
---page break---
or 14.
According to the individual
case will Judge, if
honest, act: Demandants
being on at the outset
in his presense,
thence in his power, and
interrogable, thereupon
if sufficient security
be found by him for
eventual compensation
to Defendant, he will
lay hold of the property
in question, or Defendant's
body, or both, mindful
throughout to avoid
producing preponderant
evil.
or 15.
Ordinarily after this –
Defendant the properest
person to be made to
come next = viz. partly
for securing forthcomingness
of the property, partly
as being, ordinarily,
he who is more acquainted
than any
other person with the
material facts belonging
to the case: but
any other person, by
whose prior examination
the state of the
case is more likely to
be come at, will be
previously examined
in preference.
---page break---
or 16.
On what persons shall
the Dispatch Judge have
power to operate? On
Persons dependent on himself
alone.
or 17.
True, by Equity Judges to
exercise their ascendancy
on no person is operation
performed besides a party the Plaintiff
at Common Law.
or 18.
As between Common
Law Judge and Equity
Judge, this sufficed formerly:
and continues
to do still: no more
apprehension of disappointment
being produced
in Equity Judge's
mind by contemplation
of disobedience on the
part of the Common Law
Judge than by do. of do.
to a certiorari directed
to the Mufti.
Identifier: | JB/081/019/001"JB/" can not be assigned to a declared number type with value 81. |
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1829-07-30 |
or 1 - or 16 |
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081 |
petition for justice |
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019 |
dispatch court |
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001 |
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marginal summary sheet |
1 |
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recto |
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john flowerdew colls |
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25806 |
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