JB/056/121/001

Click Here To Edit

1827. Septr. 17
Procedure Constitutional Code

Ch. X Prefat
§.

Between Technical and Natural Procedure, the
characteristic difference may be expressed in a few words.

Of technical procedure the prime object is — to do every thing as
near as possible to what whatever has been done before. beyond this the design of it does not extend of making more eligible
this is so much on a
endeavoured to
be restrained Of Natural
Procedure the object is to give execution and effect principal as to the substantive
branch of the law, with as little delay, vexation and
expence as possible.

The technical branch of procedure is in effect a branch
from the Judge-made species — the so called Common Law.
The Common Law in its totality has for its object as above
the day every thing as near as possible to whatever has been done
before. As to the effect upon human happiness, upon any such matter scarce a
much as a single thought is here expended by upon it. In the chief tribune of the
Common Law — the first of Lord Chief Justice Coles first Valuer of
Institutes, if under the name of the argument at inconceivable
a sort of feint allowance is made to it, this state instead of being the
first is neither a bundle of argument in a bundle composed of
of Common Law argument, as neither the first nor yet the last
but confounded with the crowd

A competitor of opposite analysis is a defaulter which
is a denomination, which by one writer an Authority later
has been employed in & duty in law
the character of a definition of the same Common Law. Nor yet
by any means with impropriety. Nor is the account of the
creator either an instructor or improper, as far as it goes. With
the account hereabove just given it not inexactly
and it is — that gives as positive whether stiled rules or or
what else so ever of Common Law are deduced by analysis
than if taken from those of previous dicts and so on without end,
except in so far as of the matter of Statute law comes in
as it were and overlaps overlays

Identifier: | JB/056/121/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-09-17	Marginal Summary Numbering
Box	056	Main Headings	Procedure Code
Folio number	121	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18177
Box Contents