JB/051/061/001

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Advocates Contents

1*
Imperfection of
the Committee's
draught in not declaring
the right
of every man to please
by an assistant
of his free choice.
p.1*

2
The monopolies
subsisting in this
profession are as
indefensible as
any other monopolies:
the
pretence of excluding
improper persons
being frivolous.
p.2*.

1
Domestic method
of procedure the
proper model of
the forensic. p.4*

2
Departed from
in all the established
systems but particularly
the English.
p.5*.

3
First lines of the
domestic system of
procedure. p.7*.

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1
Good effects resulting
from the
destruction of this
monopoly – abolition
of the distinction
between the Advocate
and the Attorney.
p.3.

2
To shew the bad effects
of this distinction
a view must be
given of the domestic
mode of procedure.
p.3.

3
Advantages resulting
from the bringing
the parties face
to face before the Judge in the first stage.

1. Conclusion by
direction of causes
grounded totally on
mala fides. p.4

4
2. So of causes
grounded on error.
p.4

5
3. In other causes, immediate
indication
of the point on which
the cause turns dispute hinges. p.4

6
4. Trouble and expence
of proving
points not meant
to be contested saved
by admissions. p.5

6 6
5. Prevention of
sham pleas. p.5

7 8
6. Prospect afforded
of the an eventual
decision. p.6

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9
7. Conclusion of many
causes by decision.
p.7.

10
8. Opening made for
a compromise in
cases where it is consistent
with justice.
p.7

11
9. Confining of delay
given to the quantum
necessary. p.8

12
This the natural
domestic mode of
procedure. p.9

13
The need of
assistance naturally
produces hired service
in this case
as in others. p.9.

14
Prohibition of the
profession of an Advocate
in Prussia
condemned. p.10

15
Advocates pensioned
by the public have
there been appointed
under the name of
Counsellors of Assistance.
p.11

16
This institution did
well enough to satisfy
the legislator which
was the only object
of it. p.11

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17
It could not have
the effect of satisfying
the people –
the prohibition coupled
with it being
grievous wherever
it is not needless.
p.12

18
Under the dark
regimen which
there prevails the
cheat is thus
at the mercy of
men who want
interest to do him
justice. p.12.

19
Even under the
open regimen of publicity
the pensioned
advocates could
never be upon a
par with the fee'd
ones. p.13

20
At any rate he
can not give equal
satisfaction.
p.14

21
This monopoly
is worse than
others, benefitting
not even the monopolisers.
p.15

22
This was attacking
chicane at
the wrong end. p.15

23
These pensioned
Advocates would be
of no use in saving
the time of the Judge.
p.16

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24
Nor to serve as
a check or a
spur to him. p.16.

25
Counsellors of
Assistance for the
public and the
poor under the
free & open regimen of liberty
& publicity
answer every purpose.
p.17.

26
Pensioned Counsellors
not to take
fees. p.18
– that they may not
neglect insolvent Clients.

27
In an immediate
Court where the
personal appearance
of parties
was exacted, they
would be employed
only on a few cases
of difficulty. p.18

26(a)
Motives to exertion
on the part
of the pensioned
Counsellors. p.19
Hope of promotion.

Identifier: | JB/051/061/001"JB/" can not be assigned to a declared number type with value 51.
Date_1		Marginal Summary Numbering	1-3, 1-26, 26a
Box	051	Main Headings	evidence; procedure code
Folio number	061	Info in main headings field	advocates contents
Image	001	Titles
Category	marginal summary sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::l munn [britannia with shield motif]]]
Marginals		Paper Producer	benjamin constant
Corrections		Paper Produced in Year
Notes public		ID Number	16226
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