JB/056/153/001

Click Here To Edit

1827 Oct. 10
Procedure Code

A + 1 2o
Preparatory resolution
(1 §.3. Judiciary
§.1. Justice for all
§.5. Procedure

On the subject of Law Reform

Proposed Resolutions proposed to be moved in the House
of commons as a ground for a Motion for an Address
for a Commission to Report upon the course most expedient
to be taken for the a general improvement of the Law.

Or
Supposing a
Motion made
for an Address
for such Commission
the title given to
these Resolutions
might be that of
Propositions to be
taken into consideration
and reported
upon by the Commission.

☞ This latter course
seems the least exposed
to opposition: especially
as it has a precedent
in the case of the late
Chancery Commission
in which Beames
plan is introduced
under that name.

1
System of procedure should
be conducive to the ends of Justice

Judicatory — pursue the ends of
Justice
1. That no system of judicial procedure is conducive
to or consistent with good government any further than is
it conducive to the attainment of the ends of justice
[main and collateral].

2
Ends of justice the giving
execution & effect to the
substantive law.

Judicature — pursue the ends of
Justice
2. That the main end of justice is the giving execution
and effect (1) to the several other branches (2) of the law body of the law

3
Giving execution & effect
prevented alike by misdecision
& nondecision

Judicature — pursue the ends of
Justice
3. That the eithe giving execution and effect to any
part of the body of the laws is alike prevented by misdecision
and by non-decision where decision is due

4
Collateral ends avoidance
of delay vexation & expence

Judicature — pursue the
ends of Justice
4. That the collateral ends of justice are not otherwise
attained than so consist in the exclusion of all
needless and avoidable delay, vexation and expense

5
Needless delay a denial of justice

Judicatory pursues the
ends of Justice
5. That all needless delay is so long as it lasts
a denial of justice

6
Justice equally denied whether
access be denied or sold

Judicatory — purpose the end
of Justice
6. That justice is equally denied to a man whether
by ordinance of his as admission access to a Judge as suit, is expressly
refused to him or before to his admission such a
price is annext such as he is unable to pay.

7
Exaction of a fee a denial
of justice to all who cannot
pay

Judicatory — purpose the ends
of Justice
7. That by every rule as the price of access whereby whether under the name of a fee
or any other name money a sum of money is exacted
justice is denied to all who to whom the payment of the money have not wherewithal to pay it.

Judicatory — Pursue the end of
Justice
(a) [Execution and effect] Without the addition of the word effect, the word execution
would not suffice. If in the prosecution of the suit the property of a Debtor
is sold and the proceeds put into the hand removed to the purse of the Creditor execution is given to the
corresponding portion of his time. But
But if the costs out of pocket are so great
as to eat up the whole or
any part of the sum so levied,
the effect designed by the law
which is said to be executed is not produced.

(b) The whole of the law with the except of that which regards the judicial procedure
may be stiled and has been stiled the substantive branch: the part that regards
procedure, the adjective branch.

Identifier: | JB/056/153/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-10-10	Marginal Summary Numbering	1-7
Box	056	Main Headings	Procedure Code
Folio number	153	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D1 / E1
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18209
Box Contents