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''This Page Has Not Been Transcribed Yet''
<p>1824 Oct. 30</p>
<head>Procedure Code</head>
<note><!-- Pencil note -->Ch. Commencement</note><lb/>


<note>Judges</note><lb/>


<note>6. <lb/>
Commencement of suits<lb/>
Anglici</note><lb/>
<p><add>In the English system</add> Under Judge made law <del>the</del> not only different sorts of<lb/>
suits but in different Judicatories suits of the same sorts take the<lb/>
commencement in a variety of different manners</p>
<note>7<lb/>
Not by personal <lb/>
application</note><lb/>
<p>In all these Judicatories the mode of commencement<lb/>
agrees however in this: to <gap/> that the suit does not commonly<lb/>
present application made by any individual to the Judge<lb/>
Should any suits application to be made it would be in certainly  <lb/>
and not without indignation be refined: <del>if</del> with <add>a refusal</add> indignation which<lb/>
<add>were the application</add> <del>if</del> made in secret would beyond a dispute be justifiable and <lb/>
indispensable</p>
<note>8<lb/>
Modes 1 Civil 2 Penal<lb/>
Submodes of Civil 1<lb/>
Common law 2. Equity</note><lb/>
<p>Two <add>different</add><del>distinguishable</del> modes of commencement are here distinguishable:<lb/>
<add>guishable: 1</add>1 the <add>non-penal stiled Civil: and 2 the Penal. <del>and <gap/> <gap/></del></add><del>1 the Common Law mode the Equity mode</del><lb/>
<add>In the Civil manner <del>the <gap/> to a <gap/></del> may be distinguished two submodes<lb/>
in Common Law mode and the Equity mode.</add> The Common Law mode is that pursued in the two<lb/>
Common Law Judicatures. to wit the Kings Bench. the Common<lb/>
<del>Law</del> Plans and the Common Law side of the Exchequers</p>
<note>9<lb/>
In all cases mode of <lb/>
procedure contrived<lb/>
for &amp; made subservient<lb/>
to enrolment for<lb/>
Judge &amp; c<hi rend="superscript">o</hi></note><lb/>
<p><add>In all cases</add>The object being to put money into the pocket of the <lb/>
Judge, the <del><gap/></del> object and this alone except the like benefit to<lb/>
the <del>Jud</del> other member of the <add>of the form of Judge's and c<hi rend="superscript"></hi></add> partnership the mode of <lb/>
procedure is made subservient <add><unclear>evidence</unclear>. <del>Judge and</del> C<hi rend="superscript">o</hi> keeping</add> . <del>The individual by whose commencement</del><lb/>
<del>is given to the suit the <hi rend="underline">plaintiff</hi> as he is stiled</del><lb/>
In Westminster Hall and its p<gap/>tains Judge &amp; C<hi rend="superscript">o</hi> keep<lb/>
open shop.  For the profit upon the expence they sell to every<lb/>
individual that will pay the price they sell the power of <del>subsisting</del><add>imposing</add><lb/>
<del><gap/></del> expence and vexation to an <del>certain</del> amount more<lb/>
or less considerable to any person and any number of persons<lb/>
at <gap/> <add>the <del><gap/></del> <gap/></add> at whatever distance it be from the shop so it<lb/>
be within the bench of the <add>English part of <del>the</del></add> Kingdom. To this <add>At</add> shop the plaintiff<lb/>
alone cause is just <add>who has suffered among</add> is found to <del>re<gap/></del><add>apply</add> makes application, and<lb/>
these add <gap/> suffering to suffering ere he can cr<gap/> to take<lb/>
his claim for relief.  The plaintiff who object is to do wrong<lb/>
<del>and</del> impl<gap/> the kind of <add><gap/> ready</add> of the Judge as an instrument, and<lb/>
having paid the price of it and is thus enabled to consume<lb/>
the <gap/> of wrong heaping suffering <add>upon his victim</add> upon a suffering until the <lb/>
measure of intended wrong is filled and the proposed quantity<lb/>
of suffering produced.</p>


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{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 22:55, 30 October 2023

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1824 Oct. 30

Procedure Code Ch. Commencement

Judges

6.
Commencement of suits
Anglici

In the English system Under Judge made law the not only different sorts of
suits but in different Judicatories suits of the same sorts take the
commencement in a variety of different manners

7
Not by personal
application

In all these Judicatories the mode of commencement
agrees however in this: to that the suit does not commonly
present application made by any individual to the Judge
Should any suits application to be made it would be in certainly
and not without indignation be refined: if with a refusal indignation which
were the application if made in secret would beyond a dispute be justifiable and
indispensable

8
Modes 1 Civil 2 Penal
Submodes of Civil 1
Common law 2. Equity

Two differentdistinguishable modes of commencement are here distinguishable:
guishable: 11 the non-penal stiled Civil: and 2 the Penal. and 1 the Common Law mode the Equity mode
In the Civil manner the to a may be distinguished two submodes
in Common Law mode and the Equity mode.
The Common Law mode is that pursued in the two
Common Law Judicatures. to wit the Kings Bench. the Common
Law Plans and the Common Law side of the Exchequers

9
In all cases mode of
procedure contrived
for & made subservient
to enrolment for
Judge & co

In all casesThe object being to put money into the pocket of the
Judge, the object and this alone except the like benefit to
the Jud other member of the of the form of Judge's and c partnership the mode of
procedure is made subservient evidence. Judge and Co keeping . The individual by whose commencement
is given to the suit the plaintiff as he is stiled
In Westminster Hall and its ptains Judge & Co keep
open shop. For the profit upon the expence they sell to every
individual that will pay the price they sell the power of subsistingimposing
expence and vexation to an certain amount more
or less considerable to any person and any number of persons
at the at whatever distance it be from the shop so it
be within the bench of the English part of the Kingdom. To this At shop the plaintiff
alone cause is just who has suffered among is found to reapply makes application, and
these add suffering to suffering ere he can cr to take
his claim for relief. The plaintiff who object is to do wrong
and impl the kind of ready of the Judge as an instrument, and
having paid the price of it and is thus enabled to consume
the of wrong heaping suffering upon his victim upon a suffering until the
measure of intended wrong is filled and the proposed quantity
of suffering produced.



Identifier: | JB/052/379/001"JB/" can not be assigned to a declared number type with value 52.

Date_1

1824-10-30

Marginal Summary Numbering

6-9

Box

052

Main Headings

procedure code

Folio number

379

Info in main headings field

procedure code

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d2 / e1 / f6

Penner

jeremy bentham

Watermarks

Marginals

george bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

17052

Box Contents

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