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<head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 9<lb/>Law Amendment.</head> <p><note>Propositions<lb/><sic>Ch</sic> Procedure</note></p> <p | <head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 9<lb/>Law Amendment.</head> <p><note>Propositions<lb/><sic>Ch</sic> Procedure</note></p> <p>Regularity then is either<lb/>Time for disestablishment.</p> <!-- to the right of the previous text --> <p>In fixing <add>Fixation</add> that which <gap/><lb/>with <unclear>justice</unclear> never can be fair<lb/><unclear>contest</unclear> to <unclear>pretend</unclear> matter of the<lb/>matter of the costs of practice</p> <p><note>3<lb/>Preestablished the<lb/>motions of a steam engine<lb/>so under existing system<lb/>the motions of a judicatory</note></p> <p>Preestablished are the motions of a steam engine,<lb/>preestablished likewise except <del><gap/></del> <add>were</add> in so far as are to be<lb/>had <add>got</add> for disestablishing them <add>under the existing system</add> are the <del><gap/></del> motions of the judicatory:<lb/>of plaintiff, of defendant, of judicial subordinates, and where<lb/>so it is that that which is done in his name and <del>made to be</del><lb/>spoken of as done by him <del><gap/></del> is done by him, for if <add>if the Judge</add> one small<lb/>part of that which is said to be done by him, no more does he<lb/>know than does the steam engine: so admirably <del>apte</del> adapted<lb/>to its uses is the machine <gap/> for grinding suitors.<lb/>The corn will receive corn and <del>return</del> <add>issue</add> flour: the judicatory<lb/>receives fees <add>and suitors</add> and issues judgements, in this Mill corn is <del>turned</del><lb/>ground in the Judicatory, suitors: the fees are in regulated<lb/>shares distributed among learned lawyers</p> <p><note>4<lb/>In Common law machine<lb/>the whole proceedings<lb/>squeezed into the compass<lb/>of a single day — the<lb/>evidence which requires<lb/>but half a dozen minutes<lb/>to produce as well as trial<lb/>which requires as many<lb/>years</note></p> <p>In the Common Law machine, <add>according to one of the rules of the preestablished machine</add>, the whole matter<lb/>upon which the judgement is to operate must by the preceding<lb/>operation have been squeezed into <add>compressed within</add> the compass of <add>part of</add> a day, those<lb/>parts included which can not but be necessary and those <add>other</add> parts<lb/>which <add>the first <del>received part</del> receivable parts</add> if received would if received render unnecessary:<lb/>those parts those evidences which it needs <add>would need</add> but half a<lb/>dozen minutes to bring and those which it needs half a<lb/>dozen years to bring. Not <sic>till</sic> the effect <add>work</add> which is requires the<lb/>year to produce can be produced, is the effect which the <unclear>inducter</unclear><lb/>would suffice to produce suffered to be produced: no: not everywhere, <add>although</add><lb/>in the work of the minutes the work of the Years<lb/>might be rendered needless and the delay of six years <hi rend="underline">minus</hi><lb/>six <del><gap/></del> <add>minutes</add> saved.</p> <p><note>5<lb/>Where this <hi rend="underline">regularity</hi><lb/>not observed proceedings<lb/><hi rend="underline">set wide</hi> & extraction<lb/>of fees excepted every<lb/>thing done is so much<lb/>time <del>&</del>labour <add>& <sic>expence</sic></add> rendered<lb/>useless</note></p> <p>Of this case is the machinery of which <add>regularity is</add> the present<lb/>attribute, regularity is the quality of which these consequences are<lb/>the result. Opposite to regularity is irregularity: and for <add>not<lb/>less surely than this <del><gap/></del> <gap/> view the <gap/> thus denominated</add><lb/><del>irregularity it is that proceedings</del><lb/>is proved to be upon them, then proceedings whatsoever they are<lb/>such <gap/> the appropriate language are <hi rend="underline">set aside</hi> and<lb/>extraction of fees excepted <add>in</add> every thing as yet done is<add>notwithstanding the parties are</add> as if nothing<lb/>had been done.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1827. Novr. 9
Law Amendment.
Propositions
Ch Procedure
Regularity then is either
Time for disestablishment.
In fixing Fixation that which
with justice never can be fair
contest to pretend matter of the
matter of the costs of practice
3
Preestablished the
motions of a steam engine
so under existing system
the motions of a judicatory
Preestablished are the motions of a steam engine,
preestablished likewise except were in so far as are to be
had got for disestablishing them under the existing system are the motions of the judicatory:
of plaintiff, of defendant, of judicial subordinates, and where
so it is that that which is done in his name and made to be
spoken of as done by him is done by him, for if if the Judge one small
part of that which is said to be done by him, no more does he
know than does the steam engine: so admirably apte adapted
to its uses is the machine for grinding suitors.
The corn will receive corn and return issue flour: the judicatory
receives fees and suitors and issues judgements, in this Mill corn is turned
ground in the Judicatory, suitors: the fees are in regulated
shares distributed among learned lawyers
4
In Common law machine
the whole proceedings
squeezed into the compass
of a single day — the
evidence which requires
but half a dozen minutes
to produce as well as trial
which requires as many
years
In the Common Law machine, according to one of the rules of the preestablished machine, the whole matter
upon which the judgement is to operate must by the preceding
operation have been squeezed into compressed within the compass of part of a day, those
parts included which can not but be necessary and those other parts
which the first received part receivable parts if received would if received render unnecessary:
those parts those evidences which it needs would need but half a
dozen minutes to bring and those which it needs half a
dozen years to bring. Not till the effect work which is requires the
year to produce can be produced, is the effect which the inducter
would suffice to produce suffered to be produced: no: not everywhere, although
in the work of the minutes the work of the Years
might be rendered needless and the delay of six years minus
six minutes saved.
5
Where this regularity
not observed proceedings
set wide & extraction
of fees excepted every
thing done is so much
time &labour & expence rendered
useless
Of this case is the machinery of which regularity is the present
attribute, regularity is the quality of which these consequences are
the result. Opposite to regularity is irregularity: and for not
less surely than this view the thus denominated
irregularity it is that proceedings
is proved to be upon them, then proceedings whatsoever they are
such the appropriate language are set aside and
extraction of fees excepted in every thing as yet done isnotwithstanding the parties are as if nothing
had been done.
Identifier: | JB/056/211/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-11-09 |
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056 |
Law Amendment |
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211 |
Law Amendment |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18267 |
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