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<head>1826. Sept<hi rend="superscript">r</hi>. 21.<lb/> | |||
Procedure Code.</head> | |||
<p>1. Between Judge and Prehensor, no middleman, no Sheriff.</p> | |||
<note>Ch. Prehensor <unclear>and .....</unclear><lb/> | |||
Between Judge and Prehensor, no middle man<lb/> | |||
Sheriff, <unclear>..</unclear></note> | |||
<p>No reason why, in judicature, the communication<lb/> <sic>sh<hi rend="superscript">d</hi>.</sic> not be direct and dependence<lb/> | |||
as strict as in case of military subordination—</p> | |||
<p>Only in proportions to the degree of certainty<lb/> | |||
and promptitude with which compliance on the part<lb/> | |||
of the subordinate follows upon the manifestation<lb/> | |||
made of the will of the superordinate, can the superordinate<lb/> | |||
he justly or effectually made responsible<lb/> | |||
& on the act of that same subordinate. By every<lb/> | |||
intermediate agent interposed between the superordinate<lb/> | |||
and the subordinate, that same certainty<lb/> | |||
and that same promptitude are of necessity more<lb/> | |||
or less diminished. Even in England, in no other department<lb/> | |||
on subdepartment <add>than the Judiciary</add> is an instance of any<lb/> | |||
such needless, useless and parnicious interpositions<lb/> | |||
visible: nor yet even it is applied by any means<lb/> | |||
all comprehensive. It has not place in any Judicatory<lb/> | |||
of modern n origin: in particular, it has<lb/> | |||
not place in the only instance in which the<lb/> | |||
ends of justice have been the ends of Judicature<lb/> | |||
<note><del>it has not</del> antique<lb/> | |||
as is their origin, it<lb/> | |||
has not place even<lb/> | |||
in the Judicatories<lb/> | |||
termed in the Ecclesiastical<lb/> | |||
Courts.</note> | |||
viz. the small debt court: an Institution<lb/> | |||
thus adverse to the ends of justice. an Institution<lb/> | |||
thus adverse to the ends of justice, seems<lb/> | |||
reserved as if it were by choxse & on the use of<lb/> | |||
the courts of highest authority the Equity Courts<lb/> | |||
excepted - viz. the three great metropolitan common<lb/> Law Courts-</p> | |||
<p>JB</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. Septr. 21.
Procedure Code.
1. Between Judge and Prehensor, no middleman, no Sheriff.
Ch. Prehensor and .....
Between Judge and Prehensor, no middle man
Sheriff, ..
No reason why, in judicature, the communication
shd. not be direct and dependence
as strict as in case of military subordination—
Only in proportions to the degree of certainty
and promptitude with which compliance on the part
of the subordinate follows upon the manifestation
made of the will of the superordinate, can the superordinate
he justly or effectually made responsible
& on the act of that same subordinate. By every
intermediate agent interposed between the superordinate
and the subordinate, that same certainty
and that same promptitude are of necessity more
or less diminished. Even in England, in no other department
on subdepartment than the Judiciary is an instance of any
such needless, useless and parnicious interpositions
visible: nor yet even it is applied by any means
all comprehensive. It has not place in any Judicatory
of modern n origin: in particular, it has
not place in the only instance in which the
ends of justice have been the ends of Judicature
it has not antique
as is their origin, it
has not place even
in the Judicatories
termed in the Ecclesiastical
Courts.
viz. the small debt court: an Institution
thus adverse to the ends of justice. an Institution
thus adverse to the ends of justice, seems
reserved as if it were by choxse & on the use of
the courts of highest authority the Equity Courts
excepted - viz. the three great metropolitan common
Law Courts-
JB
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Identifier: | JB/057/287/001"JB/" can not be assigned to a declared number type with value 57. |
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1826-09-21 |
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057 |
procedure code |
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287 |
procedure code |
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001 |
between judge and prehensor, no middleman - no sheriff |
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copy/fair copy sheet |
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recto |
c1 / e1 |
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j whatman turkey mill 1826 |
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admiral pavel chichagov |
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1826 |
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18617 |
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