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<head>1828 July 20<lb/>Judicial Establishment or Procedure Code</head> <p><note>Preface?<lb/>Judge's Fees only</note></p> <p><note>1<lb/>Fields of procedure<lb/>geographic and liquid<lb/>with correspondent mode<lb/>of division</note></p> <p>Refer any <add>totally</add> clear | <head>1828 July 20<lb/>Judicial Establishment or Procedure Code</head> <p><note>Preface?<lb/>Judge's Fees <unclear>only</unclear></note></p> <p><note>1<lb/>Fields of procedure<lb/>geographic and liquid<lb/>with correspondent mode<lb/>of division</note></p> <p>Refer any <add>totally</add> clear conception can be had <add>entertained</add> of the<lb/>business of judicature as to other particulars some<lb/>conception must be <del>learnt</del> <add>obtained</add> of the two modes in use for<lb/>dividing it. For this purpose the word field must be<lb/>employed: and then field must be distinguished into two<lb/>sorts: the <add>territorial or say</add> geographical <del>in any <gap/></del> and the logical.</p> <p><note>2<lb/>Geographical <unclear>mainly</unclear><lb/>intelligible, so its<lb/>division: <unclear>as</unclear> into Judge-<lb/><hi rend="underline">shires</hi></note></p> <p>Of the geographical <add>territorial</add> field the divisions are taken from the<lb/>consideration of the different portions of territory over which<lb/>so many different <del><gap/></del> Judges or sets of Judges have jurisdiction —<lb/>exercise judicial or authority or say power<lb/>to the division of the topical field of power correspond<lb/>the several sorts of suits. How simple and intelligible<lb/>the division into County judicatories and <gap/> judicatories<lb/>it must at the first instance be obvious to every body:<lb/>not less so, how obscure and appalling the division into<lb/>sorts of suits. To this day by no Judge in <del>English</del> <add><gap/> legislature</add><lb/>has any clear conception been entertained of it; unique<lb/>what must have been the conception of it in those days of<lb/>primeval barbarism, <add>triumphant/authorized mendacity</add> when law and judicature were both of<lb/>them in their cradle.</p> <p><note><del>take this for except</del><lb/><gap/><lb/>Division of the whole<lb/>territory if the <unclear>Sole<lb/>call</unclear> then for example<lb/>Counties, division of<lb/>Counties — subdivision<lb/>of the whole territory<lb/>as above, into the<lb/><gap/></note></p> <p><note>3<lb/>Logical, unintelligible<lb/>Results, Suits<lb/>1. Civil <del><gap/></del><lb/>2. Criminal or penal<lb/>3 Revenue<lb/>☞ Add afterwards <hi rend="underline"><unclear>Special</unclear></hi><lb/><del><gap/></del></note></p> <p>Yet states of things took place, in which the<lb/><del><gap/></del> dividing the field of <del>the h</del> judicature by these <add>the correspondent</add> imaginary<lb/>laws in addition to these real ones became matter of<lb/><gap/> necessary. <del>How the</del> Thus then sprung up the<lb/>distinction between civil suits, penal <add>or criminal</add> suits and <del>revenue</del> <add>revenue</add><lb/>suits: and when the word Justice was employed, between<lb/>civil justice <del>penal</del> criminal or penal justice, and revenue<lb/>justice.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1828 July 20
Judicial Establishment or Procedure Code
Preface?
Judge's Fees only
1
Fields of procedure
geographic and liquid
with correspondent mode
of division
Refer any totally clear conception can be had entertained of the
business of judicature as to other particulars some
conception must be learnt obtained of the two modes in use for
dividing it. For this purpose the word field must be
employed: and then field must be distinguished into two
sorts: the territorial or say geographical in any and the logical.
2
Geographical mainly
intelligible, so its
division: as into Judge-
shires
Of the geographical territorial field the divisions are taken from the
consideration of the different portions of territory over which
so many different Judges or sets of Judges have jurisdiction —
exercise judicial or authority or say power
to the division of the topical field of power correspond
the several sorts of suits. How simple and intelligible
the division into County judicatories and judicatories
it must at the first instance be obvious to every body:
not less so, how obscure and appalling the division into
sorts of suits. To this day by no Judge in English legislature
has any clear conception been entertained of it; unique
what must have been the conception of it in those days of
primeval barbarism, triumphant/authorized mendacity when law and judicature were both of
them in their cradle.
take this for except
Division of the whole
territory if the Sole
call then for example
Counties, division of
Counties — subdivision
of the whole territory
as above, into the
3
Logical, unintelligible
Results, Suits
1. Civil
2. Criminal or penal
3 Revenue
☞ Add afterwards Special
Yet states of things took place, in which the
dividing the field of the h judicature by these the correspondent imaginary
laws in addition to these real ones became matter of
necessary. How the Thus then sprung up the
distinction between civil suits, penal or criminal suits and revenue revenue
suits: and when the word Justice was employed, between
civil justice penal criminal or penal justice, and revenue
justice.
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Identifier: | JB/056/245/001"JB/" can not be assigned to a declared number type with value 56. |
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1828-07-20 |
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056 |
Procedure Code |
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245 |
Judicial Establishment or Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
C1 |
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18301 |
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