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<p> 1828 March 31 <note>2</note><lb/> H. Br. "Upshot" for Law Reform</p> <!-- paragraph headings in pencil --> <p> (2</p> <p> 4 Procedure<lb/> 9. All the absurd and grievous mock litigation<lb/> now is use when by giving through the mere<lb/> forms of suits and steps <del>in</del> of suits, real errors are<lb/> multiplied, and real expense and delay incurred.<lb/> would be swept away.</p> <p. 4 procedure<lb/> 10. Arrest in mesne process, and taking<lb/> the person in execution would be abolished, but a <lb/> punishment after trial would be amended to fraudulent<lb/> on extravagant debtors become insolvent.</p> <p> 4. procedure<lb/> 11. All pleading would be reduced to a<lb/> simple and intelligent form, and the real cases of<lb/> parties would be plainly, cheaply and early declared<lb/> to the Court and to each other.</p> <p> III Evidence<lb/> 12. Under certain <hi rend="underline">restraints</hi>, parties would<lb/> be examined in all cases. All objections to receiving<lb/> evidence, on account of interest, would be<lb/> removed.</p> <p> III. Evidence<lb/> (N.B. I have great doubts whether even<lb/> <hi rend="underline">Judicial infamy</hi> should be any objections.)<lb/> All other matters tending to throw light on cases, (as<lb/> truth in prosecutions for Libels) would be admitted.</p> <p> Interpretation<lb/> 13. The effect of words used in wills, <lb/> deeds, and other instruments, would be matters of<lb/> evidence in each case, and the rule always taken<lb/> from the <hi rend="underline">true</hi> interest and meaning in that case.</p> <p> Conveyancing<lb/> 14. Conveyancing and disposition by will<lb/> would be reduced to an easy certainty by the adoption<lb/> of certain formulas of known and fixed<lb/> meaning.</p> <p> <add>15.The</add> </p> | |||
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1828 March 31 2
H. Br. "Upshot" for Law Reform
(2
4 Procedure
9. All the absurd and grievous mock litigation
now is use when by giving through the mere
forms of suits and steps in of suits, real errors are
multiplied, and real expense and delay incurred.
would be swept away.
<p. 4 procedure
10. Arrest in mesne process, and taking
the person in execution would be abolished, but a
punishment after trial would be amended to fraudulent
on extravagant debtors become insolvent.
4. procedure
11. All pleading would be reduced to a
simple and intelligent form, and the real cases of
parties would be plainly, cheaply and early declared
to the Court and to each other.
III Evidence
12. Under certain restraints, parties would
be examined in all cases. All objections to receiving
evidence, on account of interest, would be
removed.
III. Evidence
(N.B. I have great doubts whether even
Judicial infamy should be any objections.)
All other matters tending to throw light on cases, (as
truth in prosecutions for Libels) would be admitted.
Interpretation
13. The effect of words used in wills,
deeds, and other instruments, would be matters of
evidence in each case, and the rule always taken
from the true interest and meaning in that case.
Conveyancing
14. Conveyancing and disposition by will
would be reduced to an easy certainty by the adoption
of certain formulas of known and fixed
meaning.
15.The
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Identifier: | JB/011/003/001"JB/" can not be assigned to a declared number type with value 11. |
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1828-03-30 |
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011 |
law amendment |
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003 |
h. br. "upshot" for law reform |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d2 / f2 |
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john flowerdew colls |
j whatman turkey mill 1827 |
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jonathan blenman |
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1827 |
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3700 |
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