JB/050/007/001

Click Here To Edit

PROCEDURE SUMMARY III

CONSTABLE in case of his disobedience refusal to
power of commiting him at short hand — exst at
Specialing 43 7.

CERTICRAKL taken away 7.G.3
1st Absolutely
Security
Bond a
Condition of the security
optional
2. Conditionally 3. §§.6.5 G.35 §§ nisi upon unless Bond be given
with for the & costs or to the
Deft)
Firm)
guard) 1 Month it.
Praestandum( Alternative at
( supra
(Positive pay</add. for the
( Forfeiture & Costs
( .
Again ( Generally in all as in
either ( Before Conviction G.3. <add>(§§9)

APPEAL from Conviction VIEW + v. IV.

+ View not traversable
"gainsayable" said
parenthetically in + S Law
522.

Appeal in this case seems not to have been thought
of; tho' this be the case of all others and to it is
most necessary to be admitted yet this being the proceeding
of all others the most summary, The liberty of Appeal it seems
more necessary to admitt of it this cases.

of all cases in which
the liberty of appeal
may seem necessary
this seems to be that
in which it is most
so.

<add>In the 1st place It is admissible or no? this is a question which the
words of the act where it treats of appeals paid
no lightfor deciding any farther than from
their generality, the inference from which is not always to be depended
upon.

<foreign> Defideratur speciation
in 9. An.
23 §§22.

EVIDENCE — Parties examinable on compellable oath.

In all matters merely civil ( between party & party)
power might be committed to the Magistrate of
the parties may be examining the parties themselves
upon Oath not only safely but consistently
with the dispositions practise of the Law in other occasions —
As in the Court of Chancery & the
Court of Conscience.

For it will hardly be said, that a Justice of
the peace is less competent fit to be entrusted with such
worse qualified for the exercise
of such a
power
than the an Examiner of the Court of Chancery
or a couple of Attornies dubbed Commissioners
for the occasion — still less than the Commissioners those Tradesmen
of whom [the quorum of Commissioners]
a Court of Conscience is ordinarily composed.

Nor again will it be said, that there is lots more harm
in putting where the matter at stake is confined limited to a few pounds
where at a stroke
in cases where it ordinarily frequently amounts to many
thousands and amount to any still greater sum that
can be named.

This power for instance is granted under the 9. An. 23 §§22
which empowers a Justice to render satisfaction

Identifier: | JB/050/007/001"JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	007	Info in main headings field	procedure summary iii
Image	001	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15998
Box Contents