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<head>1826 <sic>Nov.</sic> 12<lb/>Review of Humphreys</head> <!-- some in pencil --> <p>D<lb/><sic>Ch</sic> <note>Agenda</note><lb/>(1) <note>1 J.B.: Procedure Code</note></p> <p> | <head>1826 <sic>Nov.</sic> 12<lb/>Review of Humphreys</head> <!-- some in pencil --> <p>D<lb/><sic>Ch</sic> <note>Agenda</note><lb/>(1) <note>1 J.B.: Procedure Code</note></p> <p>Under responsibility as at present in case of perjury<lb/>under responsibility but as now <gap/> only compensational<lb/>as well as punishment; <del><gap/> <gap/></del> in my <gap/> above, the<lb/>applicant <del>when <gap/></del> <add>constituted</add> before as well as after he is admitted<lb/>plaintiff is <gap/>, the proposed defendant — or seen<lb/>as constituted defendant, if <gap/> as if he can not be present<lb/>a <gap/> of his say what they have to say one way sent questions<lb/>as are put to them by <unclear>or by leave of</unclear> the Judge, and whatever they<lb/>say is minuted. <del>There</del> Down goes the whole fabric of Special<lb/>pleading: down goes the whole fabric of <hi rend="underline">inequity</hi> called <hi rend="underline">equity</hi><lb/>procedure: <del><gap/></del> If circumstance <del>rending it <gap/> a party</del> <add>forbidding</add><lb/><del>is a <gap/> <gap/> <gap/></del> a <unclear>proposed relating</unclear> lateness, litigant<lb/>or un-litigant for <del><gap/></del> my Code knows no distinction the proposed<lb/>examinee can not be made to attend at the judicatory in which<lb/>the suit has <gap/> it commenced either as <del><gap/></del> an Equity<lb/>pretence he is examined in the epistolary mode — if <gap/> <gap/><lb/>in the judicatory of the territory either which he has a residence <add>his residence is</add><lb/>if the question with the correspondent <gap/> is to a certain degree<lb/>simple <del>epistolary</del> or to prove a <gap/> <gap/> — <add>the day and place of a <gap/><lb/>is <gap/></add> a <gap/> <gap/><lb/>is the <gap/>, the epistolary mode may <gap/> the purpose as well<lb/>as the oral: if to a certain degree <gap/>, the <gap/> would<lb/>be at once too lengthy and too <gap/> to erase: and nothing but<lb/>oral interrogation with question arising out of the answer will be<lb/><add>accepted/advanced as adequate to the purpose</add> the <gap/> of the <gap/>, <gap/> <gap/> Lord Eldon <add><gap/> some <gap/> the <gap/> <gap/><lb/>of <gap/> to be <gap/> <gap/></add> <del><gap/></del><lb/><gap/> <gap/> in a <gap/> to his View, will he when it <gap/><lb/>for more <gap/> <gap/> <gap/> with <gap/> after his <gap/> <add>in false pretences</add><lb/>from <gap/>. Be it more <gap/> <add>In such case</add> <gap/> <gap/> either to to serve him up a <gap/><lb/>the <gap/> and the degree <gap/> <add>are</add> the elicited with the <add><gap/> and</add> extraneous <gap/><lb/>in <gap/> of both in what <gap/> degree and <gap/><lb/><gap/> <gap/> <gap/> <gap/>.</p> <p>Special Pleading and Equity practice — what were they —<lb/>what have they ever been but a <gap/> scheme for picking pockets,<lb/>or rather for robbery on pretence of rendering justice?<lb/><!-- continues in margin -->in <gap/><lb/>all over the country,<lb/><gap/> as no —<lb/>1 a <gap/> but</p> <p><note>Was ever House of<lb/>Commons Committee mad<lb/>enough to employ either<lb/>[both] the Common Law Special<lb/>Pleading or General pleading<lb/>or the Equity or Bankruptcy<lb/>procedure forms at a <gap/><lb/>of its endeavours to obtain <add>appropriate</add><lb/>the <add>necessary</add> information <!-- brackets in pencil --> [with a view<lb/>to legislation?] The <gap/><lb/>as well adapted to <gap/><lb/>Legislative purposes are<lb/>those forms as they are to the<lb/>purpose of judicature<lb/>What but the obtainment<lb/>of appropriate information<lb/>is the proper object in either<lb/>case? So as in the<lb/><!-- continues along the edge of the page --> nature of things, that for the obtainment of <add>one and the same <gap/> information</add> appropriation, correct <add>as correct and <sic>compleat</sic> as possible</add> and so far as may be <sic>compleat</sic>, one mode of procedure should to the best<lb/>when it is sought for one purpose, when sought for the other purpose<lb/>a totally different one? [+]<lb/> [+] How long will ages combine to be<lb/>that against <gap/> so important<lb/>so obvious, and so incombustible?</note></p> | ||
1826 Nov. 12
Review of Humphreys
D
Ch Agenda
(1) 1 J.B.: Procedure Code
Under responsibility as at present in case of perjury
under responsibility but as now only compensational
as well as punishment; in my above, the
applicant when constituted before as well as after he is admitted
plaintiff is , the proposed defendant — or seen
as constituted defendant, if as if he can not be present
a of his say what they have to say one way sent questions
as are put to them by or by leave of the Judge, and whatever they
say is minuted. There Down goes the whole fabric of Special
pleading: down goes the whole fabric of inequity called equity
procedure: If circumstance rending it a party forbidding
is a a proposed relating lateness, litigant
or un-litigant for my Code knows no distinction the proposed
examinee can not be made to attend at the judicatory in which
the suit has it commenced either as an Equity
pretence he is examined in the epistolary mode — if
in the judicatory of the territory either which he has a residence his residence is
if the question with the correspondent is to a certain degree
simple epistolary or to prove a — the day and place of a
is a
is the , the epistolary mode may the purpose as well
as the oral: if to a certain degree , the would
be at once too lengthy and too to erase: and nothing but
oral interrogation with question arising out of the answer will be
accepted/advanced as adequate to the purpose the of the , Lord Eldon some the
of to be
in a to his View, will he when it
for more with after his in false pretences
from . Be it more In such case either to to serve him up a
the and the degree are the elicited with the and extraneous
in of both in what degree and
.
Special Pleading and Equity practice — what were they —
what have they ever been but a scheme for picking pockets,
or rather for robbery on pretence of rendering justice?
in
all over the country,
as no —
1 a but
Was ever House of
Commons Committee mad
enough to employ either
[both] the Common Law Special
Pleading or General pleading
or the Equity or Bankruptcy
procedure forms at a
of its endeavours to obtain appropriate
the necessary information [with a view
to legislation?] The
as well adapted to
Legislative purposes are
those forms as they are to the
purpose of judicature
What but the obtainment
of appropriate information
is the proper object in either
case? So as in the
nature of things, that for the obtainment of one and the same information appropriation, correct as correct and compleat as possible and so far as may be compleat, one mode of procedure should to the best
when it is sought for one purpose, when sought for the other purpose
a totally different one? [+]
[+] How long will ages combine to be
that against so important
so obvious, and so incombustible?
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