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<head>J. B. to Sec. Peel</head> | <head>J. B. to Sec.<hi rend="superscript">y</hi> Peel</head> | ||
<note>5.</note> | |||
<p>Another question would be <add>—</add> whether, if the universal security plan were to the established, the Equity Courts could, even with diminished profits, keep their ground? Not <hi rend="underline">ultimately</hi>, most assuredly. For giving execution and effect to the substantive branch of the law, two sets of < | <p>Another question would be <add>—</add> whether, if the universal security<lb/> | ||
plan were to the established, the Equity Courts could,<lb/> | |||
even with diminished profits, keep their ground? Not <hi rend="underline">ultimately</hi>,<lb/> | |||
most assuredly. For giving execution and effect to the<lb/> | |||
substantive branch of the law, two sets of Judicatories giving at <lb/> | |||
the same time execution and effect to two mutually repugnant, <lb/> | |||
though both but imaginary, masses of substantive law, are no <lb/> | |||
more necessary, than two men in a boat, one rowing one way <lb/> | |||
the other the opposite way are, for reaching the landing place. <lb/> | |||
Each is self confessedly inadequate — both together, not only flagrantly<lb/> inadequate, but compleatly hostile, to the purposes of justice. <lb/> | |||
An all-embracing system of natural procedure, as pure from<lb/> | |||
that mixture of absurdity and profligacy termed <hi rend="underline">technicality</hi>,<lb/> | |||
as M.<hi rend="superscript">r</hi> Humphrey's Property Code, (and nothing better can be<lb/> | |||
said of it,) — this <hi rend="underline">Procedure System</hi>, together with an indispensably <lb/> | |||
correspondent <add>concomstant and</add> <hi rend="underline">Judiciary Establishment</hi>, establishable without <lb/> | |||
Parliamentary Reform, and superseding in no small degree the <lb/> | |||
demand for it, is in forwardness, and will call for your <del>adoption</del> <add>countenance</add> <lb/> | |||
or <del>rejection</del> <add>discountenance</add> before a twelvemonth is at an end: a system the <lb/> | |||
first that ever was yet in any country, in point of fact directed, <lb/> | |||
and without any deviation, to the ends of Justice, that is <lb/> | |||
to say to the giving execution and effect, with the least <add>possible</add> uncertainty,<lb/> | |||
delay, vexation and expense, <add><del>possible</del></add> to the arrangements made or endeavoured <lb/> | |||
to be made by the <hi rend="underline">sovereign legislation authority</hi>, in <lb/> | |||
whatever hands placed; substituting thus the only defensible to<lb/> | |||
the <hi rend="underline">actual ends of judicature</hi>, which, with the exception of the<lb/> | |||
<add>necessary</add></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
J. B. to Sec.y Peel 5.
Another question would be — whether, if the universal security
plan were to the established, the Equity Courts could,
even with diminished profits, keep their ground? Not ultimately,
most assuredly. For giving execution and effect to the
substantive branch of the law, two sets of Judicatories giving at
the same time execution and effect to two mutually repugnant,
though both but imaginary, masses of substantive law, are no
more necessary, than two men in a boat, one rowing one way
the other the opposite way are, for reaching the landing place.
Each is self confessedly inadequate — both together, not only flagrantly
inadequate, but compleatly hostile, to the purposes of justice.
An all-embracing system of natural procedure, as pure from
that mixture of absurdity and profligacy termed technicality,
as M.r Humphrey's Property Code, (and nothing better can be
said of it,) — this Procedure System, together with an indispensably
correspondent concomstant and Judiciary Establishment, establishable without
Parliamentary Reform, and superseding in no small degree the
demand for it, is in forwardness, and will call for your adoption countenance
or rejection discountenance before a twelvemonth is at an end: a system the
first that ever was yet in any country, in point of fact directed,
and without any deviation, to the ends of Justice, that is
to say to the giving execution and effect, with the least possible uncertainty,
delay, vexation and expense, possible to the arrangements made or endeavoured
to be made by the sovereign legislation authority, in
whatever hands placed; substituting thus the only defensible to
the actual ends of judicature, which, with the exception of the
necessary
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Identifier: | JB/011/202/001"JB/" can not be assigned to a declared number type with value 11. |
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law amendment |
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jb to secy peel |
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correspondence |
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john flowerdew colls |
w weatherley 1825 |
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1825 |
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