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<head>1827 <sic>Oct.</sic> 17<!-- meta data shows 15 --><lb/>Procedure Code</head> <p><note>Proprietary Propositions<lb/><add>§. Procedure<lb/> | <head>1827 <sic>Oct.</sic> 17<!-- meta data shows 15 --><lb/>Procedure Code</head> <p><note>Proprietary Propositions<lb/><add>§. Procedure<lb/>Abrogated<lb/>1. Written Pleadings<lb/>2. Equity Evidence<lb/>Elicitation Modes</add></note></p> <p><note>Judgement on grounds<lb/>foreign to the events</note></p> <p>With the practice of <add>proceeding by/grounding decree in</add> written pleadings will exasperate the practice<lb/>of deciding on grounds professing not bearing any relation to the<lb/>events. Decision on grounds foreign to the events is in every instance an<lb/>injustice an negation on the part of the Judge and in it is included<lb/>a vested and though not so denominated not less effectual licence<lb/>to other persons in various comparative <add>situations</add> for <del><gap/></del> <unclear>assertion</unclear> or for him<lb/>at will or by <add>through</add> relative ignorance to employ the power of judicature<lb/>in doing wrong to any extent: and in particular to give <add>some</add> impunity<lb/>to criminality in every shape the most atrocious not excepted.</p> <p>To the head of <unclear>decision</unclear> or grounds foreign to be <gap/> may<lb/>be referred all decisions produced by <unclear>values</unclear> put upon evidence<lb/>either on the score of evidence of deception or on the score of <gap/><lb/>or in a word on any other ground than that <add>by</add> the elicitation of the<lb/>evidence more evil would be produced in the way of delay vexation<lb/>and <sic>expence</sic> and then by <sic>misdecision</sic> or non decision or <sic>misdecison</sic><lb/>in the individual were in question for want of the evidence so excluded.</p> | ||
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1827 Oct. 17
Procedure Code
Proprietary Propositions
§. Procedure
Abrogated
1. Written Pleadings
2. Equity Evidence
Elicitation Modes
Judgement on grounds
foreign to the events
With the practice of proceeding by/grounding decree in written pleadings will exasperate the practice
of deciding on grounds professing not bearing any relation to the
events. Decision on grounds foreign to the events is in every instance an
injustice an negation on the part of the Judge and in it is included
a vested and though not so denominated not less effectual licence
to other persons in various comparative situations for assertion or for him
at will or by through relative ignorance to employ the power of judicature
in doing wrong to any extent: and in particular to give some impunity
to criminality in every shape the most atrocious not excepted.
To the head of decision or grounds foreign to be may
be referred all decisions produced by values put upon evidence
either on the score of evidence of deception or on the score of
or in a word on any other ground than that by the elicitation of the
evidence more evil would be produced in the way of delay vexation
and expence and then by misdecision or non decision or misdecison
in the individual were in question for want of the evidence so excluded.
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Identifier: | JB/056/189/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-10-15 |
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056 |
Procedure Code |
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189 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
E8 |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18245 |
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