JB/055/006/001

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1823. Novr. 14 +
Constitutional Code or Procedure

1 B 6
I
Ch. Procedure in general
or(5) (1 §.

in this gives an exhaustive one of the field or subject

or 1
Of procedure, most
direct object, giving
effect to demand on
pursuer's side:
demand of right suppose
wrong done or eventually
about to be done:
no wrong, no need of
judicature

In Judicial procedure, the most direct object is — the
giving effect to the demands made on the pursuer's side demand
of right supposes wrong done or at least eventually about
to be done: no wrong done no need of judicature.

or 2
Main object accordingly
is — giving success to
pursuer: on the supposition
of his being on the having right on his
side: he calling on
Judge to give execution and
effect to the article of
law giving the right in
question to every person,
as he says he is
[☞ this.]

The main object is accordingly the giving success to the
pursuer's side: supposing always the in the application of his being in the right
That which is done, by the in every case, by on the parties side,
is — the calling upon the Judge, to give execution and effect to some
article of law: to some general article of law, the meaning object of which
was to confer, a ri beneficial right, on every person
situated circumstanced as he according to him the pursuer himself is circumstanced.

or 3
No part of the main
or direct object is the
giving success to the defendant's
side: not judicature,
but absence of all
judicature would of such
success be the most effectual
means.

To give success to a person on the defendant's side can
not be any the main object of the system of procedure, for, at were
that the object, it might in a much more simple way
be effected namely by not having/being as provisions shutting up all judicatories, and thereby
putting an extinguisher upon all procedure

or 4
Yet no less necessary
to the giving effect and
execution to the law
is the providing for the
defendant's side those
means of defence, by
which, when the case is
so, it may be shewn
that the pursuer is not
in the case in which he
supposes or pretends himself to be: for but for this, the judicial establishment instead of being an instrument of the legislator for the benefit of the would
[+] be an instrument of depredation
and oppression, for the benefit of self
and mala fide pursuers.

Not less necessary however to justice — to the giving execution
and effect to the substantive law, is — the providing for all persons
on the defendant's side the all apt means of defence for, but for this,
placing themselves on the pursuers side, men would be proffering
demand of all sorts, at the expence of others, without right,
and instead of an instrument of security security the a Judicatory
would be an instrument of broad depredation and of oppression
in all other imaginable shapes — of better to an extent altogether
than boundless

Identifier: | JB/055/006/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-11-14	Marginal Summary Numbering	or 1 - or 4
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	006	Info in main headings field	Constitutional Code or Procedure
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	or C9 / D6 / E1
Penner		Watermarks	J WHATMAN TURKEY MILL 1822
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	17727
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