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<head>1827. <sic>Dec<hi rend="superscript">r.</hi></sic> 20<lb/>Law Amendment <add>or Procedure Code</add></head> <p><note>Propositions<lb/><sic>Ch.</sic> III. Judiciary, or<lb/><sic>Ch.</sic> V. Procedure<lb/>Ends of Justice<lb/>Existing System<lb/>Add Precipitation</note></p> <p><note>5,lb/>Operations crowded<lb/>into the minimum of time<lb/>1. <foreign>Viva Voce</foreign> elicitation<lb/>of evidence</note></p> <p>II. Operations crowded into the minimum of time.</p> <p>1. elicitation of evidence crowded into the minimum of time<lb/>when nothing is to be gained by expression &#x2014; to wit in Jury<lb/>trial the evidence being there elicited <foreign>viva voce</foreign>: nothing gained<lb/>by writing</p> <p><note>5<lb/>In written evidence<lb/>where length producing<lb/>sic>encrease</sic> of fees length<lb/>not grudged</note></p> <p>On the other hand .. in the mode of procedure in which<lb/><del>fees</del> the amass of fees receivable <sic>encreases</sic> with the quantity of<lb/>time expended in the process, the quantity of evidence elicited<lb/><add>is maximized</add> and quantity of time consumed by all actors to the judicial<lb/>theatre but <add>besides</add> the Judge is not grudged: the quantity of time<lb/>consumed <add>expended</add> by the Judge in the hearing of it being at the same<lb/>time minimised.  Affidavits after Affidavits called for on pretence of looking them over at <del><gap/></del> <add><gap/> <gap/> <gap/></add> when the quantity of time<lb/>capable of being so employed there is palpably insufficient.</p> <p><note>6<lb/>Cases where suits<lb/>entertained in this<lb/>mode with certainty<lb/>of impossibility of elicitation<lb/>of evidence</note></p> <p>Under title <hi rend="underline">Jury Trial</hi> see the number of cases in which<lb/>the suit in this mode is entertained by Judge and <sic>C<hi rend="superscript">o</hi></sic> under<lb/>an absolute certainty <add>a full assurance</add> of the impossibility of <del>giving</del> elicitation to<lb/>the evidence in this mode, thence referring the suit to Arbitration<lb/>learned and fee fed Arbitration paid in such manner<lb/>as to maximize the delay and with it the <sic>expence</sic></p>
<head>1827. <sic>Dec<hi rend="superscript">r.</hi></sic> 20<lb/>Law Amendment <add>or Procedure Code</add></head> <p><note>Propositions<lb/><sic>Ch.</sic> III. Judiciary, or<lb/><sic>Ch.</sic> V. Procedure<lb/>Ends of Justice<lb/>Existing System<lb/>Add Precipitation</note></p> <p><note>5<lb/>Operations crowded<lb/>into the minimum of time<lb/>1. <foreign>Viva Voce</foreign> elicitation<lb/>of evidence</note></p> <p>II. Operations crowded into the minimum of time.</p> <p>1. Elicitation of evidence crowded into the minimum of time<lb/>when nothing is to be gained by expansion &#x2014; to wit in Jury<lb/>Trial the evidence being there elicited <foreign>viva voce</foreign>: nothing gained<lb/>by writing</p> <p><note>5<lb/>In written evidence<lb/>where length produces<lb/><sic>encrease</sic> of fees length<lb/>not grudged</note></p> <p>On the other hand .. in the mode of procedure in which<lb/><del>fees</del> the mass of fees receivable <sic>encreases</sic> with the quantity of<lb/>time expended in the process, the quantity of evidence elicited<lb/><add>is maximized</add> and quantity of time consumed by all actors in the judicial<lb/>theatre but <add>besides</add> the Judge is not grudged: the quantity of time<lb/>consumed <add>expended</add> by the Judge in the hearing of it being at the same<lb/>time minimised.  Affidavits after Affidavits called for on pretence<lb/>of looking them over at <del><gap/></del> <add>the one <unclear>hour</unclear></add> when the quantity of time<lb/>capable of being so employed there is palpably insufficient.</p> <p><note>6<lb/>Cases where suits<lb/>entertained in this<lb/>mode with certainty<lb/>of impossibility of elicitation<lb/>of evidence</note></p> <p>Under title <hi rend="underline">Jury Trial</hi> see the number of cases in which<lb/>the suit in this mode is entertained by Judge and <sic>C<hi rend="superscript">o</hi></sic> under<lb/>an absolute certainty <add>a full assurance</add> of the impossibility of <del>giving</del> elicitation to<lb/>the evidence in this mode, thence referring the suit to Arbitration:<lb/>learned and fee paid Arbitration paid in such manner<lb/>as to maximize the delay and with it the <sic>expence</sic></p>


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Revision as of 14:53, 8 September 2025

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1827. Decr. 20
Law Amendment or Procedure Code

Propositions
Ch. III. Judiciary, or
Ch. V. Procedure
Ends of Justice
Existing System
Add Precipitation

5
Operations crowded
into the minimum of time
1. Viva Voce elicitation
of evidence

II. Operations crowded into the minimum of time.

1. Elicitation of evidence crowded into the minimum of time
when nothing is to be gained by expansion — to wit in Jury
Trial the evidence being there elicited viva voce: nothing gained
by writing

5
In written evidence
where length produces
encrease of fees length
not grudged

On the other hand .. in the mode of procedure in which
fees the mass of fees receivable encreases with the quantity of
time expended in the process, the quantity of evidence elicited
is maximized and quantity of time consumed by all actors in the judicial
theatre but besides the Judge is not grudged: the quantity of time
consumed expended by the Judge in the hearing of it being at the same
time minimised. Affidavits after Affidavits called for on pretence
of looking them over at the one hour when the quantity of time
capable of being so employed there is palpably insufficient.

6
Cases where suits
entertained in this
mode with certainty
of impossibility of elicitation
of evidence

Under title Jury Trial see the number of cases in which
the suit in this mode is entertained by Judge and Co under
an absolute certainty a full assurance of the impossibility of giving elicitation to
the evidence in this mode, thence referring the suit to Arbitration:
learned and fee paid Arbitration paid in such manner
as to maximize the delay and with it the expence



Identifier: | JB/056/243/001"JB/" can not be assigned to a declared number type with value 56.

Date_1

1827-12-20

Marginal Summary Numbering

4-6

Box

056

Main Headings

Folio number

243

Info in main headings field

Law Amendment or Procedure Code

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

C2

Penner

Watermarks

J WHATMAN TURKEY MILL 1827

Marginals

George Bentham

Paper Producer

Jonathan Blenman

Corrections

Paper Produced in Year

1827

Notes public

ID Number

18299

Box Contents

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