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<head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 4<lb/>Law Amendment.</head> <p><note><sic>ult.</sic><lb/>Propositions<lb/><sic>Ch.</sic> Procedure<lb/>§ Next to <sic>Applicat<hi rend="superscript">n</hi></sic> & suits<lb/>Evidence elicitation<lb/>Existing System</note></p> <p><note>10<lb/>If a mode apt for<lb/>Equity it must be<lb/>for common law & vice versa</note></p> <p>Apt for equity suits, the mode of elicitation employed in Equity<lb/>suits, so would it be for common Law suits, apt for Common Law suits<lb/>the mode employed in Common Law suits, so would it be for Equity suits.<lb/>Apt for either sort of suits, so would <add>be</add> the mode of elicitation employed in<lb/>each for all other sorts of suits <add>actual and imaginable</add> for Civil Common Law suits, and for<lb/>penal and criminal Common Law Suits: <!-- brackets in pencil --> [excepted <add>understood</add> always except]<lb/>and this whether or no it <del>being</del> be understood to not that by changing<lb/>the name of a suit the nature of it can be changed at pleasure: and by<lb/>changing the name of a judicatory the character of the course of procedure<lb/>best adapted to the professed ends of procedure <del>can</del> <add>may also</add> be changed <gap/><lb/><gap/> and at pleasure.</p> <p><note>11<lb/>So for al other<lb/>courts</note></p> <p>Apt for the elicitation of evidence and through evidence of<lb/><del>true inf</del> correct and <sic>compleat</sic> appropriate information for the purpose<lb/>of a suit of any sort so would it be for the elicitation of such <add>whatever</add> information<lb/>as is <add>may come to be</add> needed to form a ground for legislative operations<lb/>apt for the elicitation of evidence for the House of commons:<lb/>apt for the elicitation of evidence for the House of Lords: apt<lb/>for the elicitation of evidence <del>for the <gap/></del> to <gap/> for the use of the<lb/>sovereign a ground for the exercise of his powers of pardon: <gap/><lb/> thereby that <add>death <gap/></add> law <del>which</del> to which <del>so much <gap/> <gap/></del> <add>is so much more beneficially<lb/><sic>honored</sic></add> <del><gap/>/</del> by the breach than by the observance.</p> <p><note>12<lb/>One & the same<lb/>mode most apt<lb/>in all cases</note></p> <p><add>In the eye of common sense</add> Most apt for the elicitation of evidence and through evidence<lb/>is to useful truth is in all cases that mode which in all cases is<lb/>one and the same.</p> <p>In Parliamentary enquiry neither to Special pleading or<lb/>nor <add>to</add> Equity draughtsmen <gap/> is employment given. why?<lb/>is it that <del>neither is <gap/></del> to judicature truth is necessary, to<lb/>Legislation useless? No; but because <del>as</del> <add>by</add> a Parliamentary<lb/>Committee delay is not wanted, fees not receivable.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1827. Novr. 4
Law Amendment.
ult.
Propositions
Ch. Procedure
§ Next to Applicatn & suits
Evidence elicitation
Existing System
10
If a mode apt for
Equity it must be
for common law & vice versa
Apt for equity suits, the mode of elicitation employed in Equity
suits, so would it be for common Law suits, apt for Common Law suits
the mode employed in Common Law suits, so would it be for Equity suits.
Apt for either sort of suits, so would be the mode of elicitation employed in
each for all other sorts of suits actual and imaginable for Civil Common Law suits, and for
penal and criminal Common Law Suits: [excepted understood always except]
and this whether or no it being be understood to not that by changing
the name of a suit the nature of it can be changed at pleasure: and by
changing the name of a judicatory the character of the course of procedure
best adapted to the professed ends of procedure can may also be changed
and at pleasure.
11
So for al other
courts
Apt for the elicitation of evidence and through evidence of
true inf correct and compleat appropriate information for the purpose
of a suit of any sort so would it be for the elicitation of such whatever information
as is may come to be needed to form a ground for legislative operations
apt for the elicitation of evidence for the House of commons:
apt for the elicitation of evidence for the House of Lords: apt
for the elicitation of evidence for the to for the use of the
sovereign a ground for the exercise of his powers of pardon:
thereby that death law which to which so much is so much more beneficially
honored / by the breach than by the observance.
12
One & the same
mode most apt
in all cases
In the eye of common sense Most apt for the elicitation of evidence and through evidence
is to useful truth is in all cases that mode which in all cases is
one and the same.
In Parliamentary enquiry neither to Special pleading or
nor to Equity draughtsmen is employment given. why?
is it that neither is to judicature truth is necessary, to
Legislation useless? No; but because as by a Parliamentary
Committee delay is not wanted, fees not receivable.
Identifier: | JB/056/216/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-11-04 |
10-12 |
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056 |
Law Amendment |
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216 |
Law Amendment |
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001 |
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Text sheet |
1 |
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recto |
C4 / C3 |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18272 |
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