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<head>1829 May 8</head> <!-- some in pencil --> <p>3<lb/><note>Dispatch Court</note><lb/>(3 <note>§.1. <gap/><lb/>Procedure</note></p> <p><note>8<lb/>With him plaintiff<lb/>will bring his own<lb/>testimony, deeds and<lb/>written instruments in<lb/>his power & what witnesses<lb/> | <head>1829 May 8</head> <!-- some in pencil --> <p>3<lb/><note>Dispatch Court</note><lb/>(3 <note>§.1. <gap/><lb/>Procedure</note></p> <p><note>8<lb/>With him plaintiff<lb/>will bring his own<lb/>testimony, deeds and<lb/>written instruments in<lb/>his power & what witnesses<lb/>he can</note></p> <p>With him the plaintiff will bring at any rate his own<lb/>testimony: at that same time and place thereupon will come in the<lb/><add>whole</add> question of fact: and at that same time and place <del>may the</del><lb/>both as to fact and as to law may and will be decision and<lb/>even execution given to the suit. With him, the plaintiff will<lb/>of course voluntarily because for his own benefit bring all deeds<lb/>and other ready written instruments in his custody or power:<lb/>but so far as the question of law turns upon the interpretation<lb/>proper to be put upon a deed ready for decision will be the<lb/>question of law. With him the plaintiff may bring and will<lb/>have adequate inducement to bring <add>all</add> such witnesses as he has,<lb/>and <del>when the</del> as to the defendant, where in respect of his<lb/>interest to him adequate inducement so will as well as may<lb/>the defendant, just as in case of an ordinary trial at common<lb/>law and thus <add>an in</add> a day will have done the business which in the<lb/>regular course would have occupied years an indeterminable<lb/>number of years.</p> <p><note>9<lb/>At the first meeting<lb/><add>all</add> need of ulterior meeting<lb/>& ulterior evidence will<lb/>have been seen</note></p> <p>At this first meeting it will have been seen, whether if<lb/>there be need of any ulterior meeting, <del>all</del> of all ulterior witnesses<lb/>the evidence may <add>thereat</add> be elicited by <foreign>viva-voce</foreign> examination, or<lb/>whether, in the instance of <unclear>siren</unclear> and <unclear>whist</unclear>, the epistolary<lb/>mode may be the only mode producible or the most<lb/>convenient: in either case it will be <add>to be</add> performed under the directive<lb/>of the Judge</p> <p><note>10<lb/>Question of late <add>will</add> in general be<lb/>decided on the spot.</note></p> <p>As to the question of law, and the promptitude of the determination<lb/>thereupon, in so far as it turns upon a trust or deed in general<lb/>it is to be decided upon the spot: <del>the cause or</del> extraordinary will<lb/>be the case in which it will not.</p> <p><note>11<lb/>So the question of fact<lb/>after the time necessary<lb/>for elicitation of evidence</note></p> <p>So likewise the question of fact. But the evidence<lb/>will not, whatsoever be the quantity which it happens to the individual<lb/><add>case</add> care to have furnished, be attempted to be squeezed into the<lb/>compass of a single system: whatever may be the route requisite for<lb/>the <del><gap/></del> adequate display of it will be afforded: and in this particular<lb/>it will <unclear>just seem</unclear> how much more will be done by the here proposed and<lb/><add>self-acknowledged</add><lb/><!-- continues into the margin --> self-acknowledged<lb/>summary procedure<lb/>than is done by the<lb/>existing <unclear>debating when</unclear><lb/>in the common law modes.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1829 May 8
3
Dispatch Court
(3 §.1.
Procedure
8
With him plaintiff
will bring his own
testimony, deeds and
written instruments in
his power & what witnesses
he can
With him the plaintiff will bring at any rate his own
testimony: at that same time and place thereupon will come in the
whole question of fact: and at that same time and place may the
both as to fact and as to law may and will be decision and
even execution given to the suit. With him, the plaintiff will
of course voluntarily because for his own benefit bring all deeds
and other ready written instruments in his custody or power:
but so far as the question of law turns upon the interpretation
proper to be put upon a deed ready for decision will be the
question of law. With him the plaintiff may bring and will
have adequate inducement to bring all such witnesses as he has,
and when the as to the defendant, where in respect of his
interest to him adequate inducement so will as well as may
the defendant, just as in case of an ordinary trial at common
law and thus an in a day will have done the business which in the
regular course would have occupied years an indeterminable
number of years.
9
At the first meeting
all need of ulterior meeting
& ulterior evidence will
have been seen
At this first meeting it will have been seen, whether if
there be need of any ulterior meeting, all of all ulterior witnesses
the evidence may thereat be elicited by viva-voce examination, or
whether, in the instance of siren and whist, the epistolary
mode may be the only mode producible or the most
convenient: in either case it will be to be performed under the directive
of the Judge
10
Question of late will in general be
decided on the spot.
As to the question of law, and the promptitude of the determination
thereupon, in so far as it turns upon a trust or deed in general
it is to be decided upon the spot: the cause or extraordinary will
be the case in which it will not.
11
So the question of fact
after the time necessary
for elicitation of evidence
So likewise the question of fact. But the evidence
will not, whatsoever be the quantity which it happens to the individual
case care to have furnished, be attempted to be squeezed into the
compass of a single system: whatever may be the route requisite for
the adequate display of it will be afforded: and in this particular
it will just seem how much more will be done by the here proposed and
self-acknowledged
self-acknowledged
summary procedure
than is done by the
existing debating when
in the common law modes.
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Identifier: | JB/081/129/001"JB/" can not be assigned to a declared number type with value 81. |
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1829-05-08 |
8-11 |
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081 |
dispatch court bill |
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129 |
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001 |
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text sheet |
1 |
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recto |
d3 / e3 |
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jeremy bentham |
b&m 1829 |
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arthur moore; richard doane |
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1829 |
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25916 |
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