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<head>1825. <sic>Feb<hi rend="superscript">y</hi></sic> 5<lb/. Procedure Code</head> <p><note><sic>Ch.</sic></note><lb/> (4) <note>§.</note></p> <p><note>7.<lb/> By original common<lb/> law any person paying<lb/> a certain sum to Judge<lb/> & <sic>C<hi rend="superscript">o</hi></sic> may consign<lb/> any other to prison</note></p> <p> By the original law called Common Law that is<lb/>to say by the <del><gap/> <gap/></del> <add>that <gap/> of the rule of <gap/></add> which had the Judges for its rule<lb/> makers. <del>1 <gap/> class is he excepted, by</del> any person<lb/>whatsoever <del>on <gap/> of</del> paying a certain sum to Judge <lb/> and <sic>C<hi rend="superscript">o</hi></sic>, any <del>p</del> other person whatsoever certain privileged<lb/> classes excepted might consign as above to prison .<lb/> To <del>an <gap/></del> a system of <gap/> and oppression this<lb/> flagrant, not any the slightest remedy did they Lord and<lb/> Commons set themselves to apply <sic>till</sic> about the middle of the<lb/>last century. Too manifest by far not to have been seen<lb/> by them <del>when applied</del> to whom it was applied was the inadequacy <del><gap/></del> and at the same time the oppressiveness of the<lb/> pretended remedy <add>under it</add> Before a person is admitted to <gap/><lb/>the instrument by which the <gap/> is <gap/>, he is<lb/> obliged, under the ceremony of an oath to declare his belief<lb/> that the amount of what is done to him is not less than a<lb/> sum specified £10 it was at that time raised of late to £ </p> <!-- faint text above this next marginal note - 10, remainder illegible --> <p><note>8<lb/> Inadequate security<lb/> the preventing arrest<lb/> for debt under £10</note></p> <p> <del> At the <gap/> <gap/></del> <add> In the wording of the act by which <add>an</add> this instrument <gap/> to this effect</add><lb/> was <del>re</del> thus rendered necessary care was taken not to enquire<lb/> that what a man was then obliged to declare to<lb/> be close to him he should not be obliged to declare to be done<lb/>to him in a <add>the</add> <gap/> of all demands on both side: so that<lb/> if a man owed you <add>on all accounts taken together</add> £10,000, you might still then <gap/><lb/> him with impunity if in any <del>on account he</del> way<lb/> you <gap/> his debt to the amount of £10.</p> <p>Therefore presents itself another obvious consideration<lb/> If the <del>secu</del> alledged security there constituted was good for<lb/> any thing, why this limits the application of it. Whatever were<lb/> the source <del.def<d/el> demanded at the expense of a defender at the<Mlb/> hands of the Judge why not oblige the demander to declare<lb/>and the sanction of this ceremony his pursuance that the service<lb/> there demanded is justly <gap/>? Who does <Add>is <gap/> <gap/></add> not see To whom can<lb/> it be a secret that if <del>the Judge</del> in the character of an instrument of our word<lb/> <add>upon</add> <lb/> <!-- continues in margin --> upon <gap/>? fact the<lb/> declaration in question<lb/> is worth any thing<lb/> <del><gap/></del> <add> the</add> restraint implied upon <add> applied to</add> <lb/> injustice or the <gap/><lb/>case is a <gap/> granted <lb/> to injustice in all other cases?</p> | |||
1825. Feby 5<lb/. Procedure Code
Ch.
(4) §.
7.
By original common
law any person paying
a certain sum to Judge
& Co may consign
any other to prison
By the original law called Common Law that is
to say by the that of the rule of which had the Judges for its rule
makers. 1 class is he excepted, by any person
whatsoever on of paying a certain sum to Judge
and Co, any p other person whatsoever certain privileged
classes excepted might consign as above to prison .
To an a system of and oppression this
flagrant, not any the slightest remedy did they Lord and
Commons set themselves to apply till about the middle of the
last century. Too manifest by far not to have been seen
by them when applied to whom it was applied was the inadequacy and at the same time the oppressiveness of the
pretended remedy under it Before a person is admitted to
the instrument by which the is , he is
obliged, under the ceremony of an oath to declare his belief
that the amount of what is done to him is not less than a
sum specified £10 it was at that time raised of late to £
8
Inadequate security
the preventing arrest
for debt under £10
At the In the wording of the act by which <add>an this instrument to this effect</add>
was re thus rendered necessary care was taken not to enquire
that what a man was then obliged to declare to
be close to him he should not be obliged to declare to be done
to him in a the of all demands on both side: so that
if a man owed you on all accounts taken together £10,000, you might still then
him with impunity if in any on account he way
you his debt to the amount of £10.
Therefore presents itself another obvious consideration
If the secu alledged security there constituted was good for
any thing, why this limits the application of it. Whatever were
the source <del.def<d/el> demanded at the expense of a defender at the<Mlb/> hands of the Judge why not oblige the demander to declare
and the sanction of this ceremony his pursuance that the service
there demanded is justly ? Who does is not see To whom can
it be a secret that if the Judge in the character of an instrument of our word
upon
upon ? fact the
declaration in question
is worth any thing
the restraint implied upon applied to
injustice or the
case is a granted
to injustice in all other cases?
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