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<head>1823. <sic>Dec<hi rend="superscript">r.</hi></sic> 8<lb/>Constitutional Code. <add>or Procedure</add></head> <!-- marginal summaries in pencil --> <p><note>10<lb/><sic>Ch.</sic> Judicial Abuse obviated</note><lb/>10 | <head>1823. <sic>Dec<hi rend="superscript">r.</hi></sic> 8<lb/>Constitutional Code. <add>or Procedure</add></head> <!-- marginal summaries in pencil --> <p><note>10<lb/><sic>Ch.</sic> Judicial Abuse obviated</note><lb/>10 <note>§. </note></p> <p><note><del>14</del> 22<lb/>Purpose of the proper<lb/>course, keeping out all<lb/>blameworthy pursuits<lb/>and defences,: 2. letting<lb/>in all blameless ones.</note></p> <p>The purpose of the here proposed system is <add>two fold. 1</add> — to let in<lb/>all pursuits and all defences <del>not accomplished</del> <add>which <del>are</del></add> have not<lb/>in the mind of the litigant evil consciousness for their accomplishment:<lb/> <add>2.</add> but at the same time to keep out all that <lb/>have. <add>Reason.</add> Motive for the admission, giving <add>maximizing the</add> execution and effect to the <add>give<lb/>to the law</add> law in so far as possible: motive for the exclusion, maximization<lb/>of useless <add>delay</add> vexation and <sic>expence</sic>.</p> <p><note>23<lb/>1. Purpose of the <del>Customary</del> <add>established</add><lb/>course. 1. Keeping<lb/>out all suits and defences<lb/>blameworthy and blameless<lb/>together that <del>will</del> <add><hi rend="underline">would</hi></add><lb/><hi rend="underline">not</hi> afford lawyer's profit.<lb/>2. Letting in all, blameworthy<lb/>and blameless<lb/>together, that <hi rend="underline">will</hi>.</note></p> <p>The purpose of the accustomed <add>customary</add> system has been <del>to</del><lb/>likewise two fold: 1. <del>letting in</del> maximizing the number of <add>profitable</add> suits<lb/><del>out of which a profit may</del> 2. minimizing unprofitable<lb/>ones.</p> <p><note>24<lb/>Motives for the proper<lb/>course. 1. Maximizing<lb/>execution and effect of the<lb/>law, it having for its object<lb/>greatest happiness &c.<lb/>2. minimizing delay<lb/>vexation and <sic>expence</sic></note></p> <p>In the framing of the customary system the class of men<lb/>among whom the profit of it is shared have in every<lb/>instance had the principal hand. By taxes called fees<lb/><del><gap/></del> the produce of which wait at and stand in their own<lb/>hands both these <gap/> objects <add>common purpose</add> were secured at the same<lb/>time.</p> <p><note>25<lb/>Motives for the established<lb/>course. 1. Maximizing<lb/>delay, vexation<lb/>and <sic>expence</sic>, for the profit<lb/>obtainable from and<lb/>proportioned to the <sic>expence</sic></note></p> <p>As to suitors, including those who should have been so,<lb/>and but for the tax would have been so, note the effect <add>in person></add><lb/>on those <add>the class of man</add> on both sides of the suit.</p> <p><note>26<lb/>Means of accomplishing<lb/>this end.<lb/>1. Assessments on all <unclear>assets</unclear><lb/>without distinction except<lb/>at the end of the suit.</note></p> <p><del><gap/><gap/></del> <add>On the pursuer's side</add> Against every individual out of whom, <unclear>has not<lb/>have</unclear> wherewithal to defray the <sic>expence</sic>, no profit could be made<lb/> <add>the means of redress for <sic>expence</sic> <del><gap/></del> in whatever shape experienced at the hands of evil doers at<lb/>large were/stand eventually<lb/>refused/<unclear>discard</unclear></add><lb/><del><gap/><gap/></del> the doors of the Judicatory was kept shut. Thus this<lb/>or that side of the suit so much unprofitable labour was<lb/>to the law-making company owed. <unclear>From who could pay one<lb/>mans all of them and paid.</unclear></p> <p>Turn over to the defendant's side of the suit. <add>From the hand</add> Against every individual<lb/>whose lot placed him in the disastrous situation just mentioned<lb/><del>the</del> <add>all</add> the means of defending himself were torn <add>wrested</add> away. Success over<lb/>them secured to claim however groundless, <unclear>honour</unclear> given to injuries however <add>For <del><gap/></del> <gap/></add><lb/><!-- continues in the margin -->Depredation was committed<lb/>with <add><unclear>customary</unclear></add> ease and<lb/>impunity, the law of the<lb/>pretended instead of<lb/>security was the instrument<lb/>employed in the <lb/><!-- continues along the edge of the page --> depredation; and the body shared between amongst the confederates <gap/> and <gap/> and <gap/></p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1823. Decr. 8
Constitutional Code. or Procedure
10
Ch. Judicial Abuse obviated
10 §.
14 22
Purpose of the proper
course, keeping out all
blameworthy pursuits
and defences,: 2. letting
in all blameless ones.
The purpose of the here proposed system is two fold. 1 — to let in
all pursuits and all defences not accomplished which are have not
in the mind of the litigant evil consciousness for their accomplishment:
2. but at the same time to keep out all that
have. Reason. Motive for the admission, giving maximizing the execution and effect to the give
to the law law in so far as possible: motive for the exclusion, maximization
of useless delay vexation and expence.
23
1. Purpose of the Customary established
course. 1. Keeping
out all suits and defences
blameworthy and blameless
together that will would
not afford lawyer's profit.
2. Letting in all, blameworthy
and blameless
together, that will.
The purpose of the accustomed customary system has been to
likewise two fold: 1. letting in maximizing the number of profitable suits
out of which a profit may 2. minimizing unprofitable
ones.
24
Motives for the proper
course. 1. Maximizing
execution and effect of the
law, it having for its object
greatest happiness &c.
2. minimizing delay
vexation and expence
In the framing of the customary system the class of men
among whom the profit of it is shared have in every
instance had the principal hand. By taxes called fees
the produce of which wait at and stand in their own
hands both these objects common purpose were secured at the same
time.
25
Motives for the established
course. 1. Maximizing
delay, vexation
and expence, for the profit
obtainable from and
proportioned to the expence
As to suitors, including those who should have been so,
and but for the tax would have been so, note the effect in person>
on those the class of man on both sides of the suit.
26
Means of accomplishing
this end.
1. Assessments on all assets
without distinction except
at the end of the suit.
On the pursuer's side Against every individual out of whom, has not
have wherewithal to defray the expence, no profit could be made
the means of redress for expence in whatever shape experienced at the hands of evil doers at
large were/stand eventually
refused/discard
the doors of the Judicatory was kept shut. Thus this
or that side of the suit so much unprofitable labour was
to the law-making company owed. From who could pay one
mans all of them and paid.
Turn over to the defendant's side of the suit. From the hand Against every individual
whose lot placed him in the disastrous situation just mentioned
the all the means of defending himself were torn wrested away. Success over
them secured to claim however groundless, honour given to injuries however For
Depredation was committed
with customary ease and
impunity, the law of the
pretended instead of
security was the instrument
employed in the
depredation; and the body shared between amongst the confederates and and
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Identifier: | JB/055/049/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-12-08 |
22-26 |
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055 |
Constitutional Code; Procedure Code |
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049 |
Constitutional Code or Procedure |
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17770 |
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