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Ch. Abuse by Pursuer obviated<lb/> §. 1. Proper course< | <head>Ch. Abuse by Pursuer obviated<lb/> §. 1. Proper course</head> | ||
<p>14 <lb/>Thus, to no man who <lb/>has the motives, the<lb/> inducements, could <lb/>adequate means be <lb/>wanting for converting <lb/>the power of judicature<lb/> into a boundless <lb/>evil.<lb/></p><p>15. <lb/>Branches of this Evil<lb/> 1. Private — vexation to<lb/> individual defendants<lb/> in the several <lb/>suits. <lb/>2. Public — absorption <lb/>of Judge's time by these <lb/>groundless suits, so<lb/> as to leave none for<lb/> well-grounded ones. <lb/>Judicatories ever so<lb/> numerous, all their <lb/>time might thus be exhausted.<lb/></p><p>16.<lb/> Thus, any person by<lb/> whom injury in any<lb/> shape had been inflicted<lb/> on any other, would <lb/>in the practice of oppression,<lb/> have a corresponding <lb/>adequate<lb/> motive, and a means<lb/> for thus absorbing the <lb/>Judge's time by himself, <lb/>Confederates & agents.<lb/></p><p>17. <lb/>Objection. Of restraints <lb/>on litigation, you <sic>admitt</sic><lb/> the necessity. <lb/> Fees and other taxes<lb/> on the operations and <lb/>instruments by which <lb/> | <p>14 <lb/>Thus, to no man who <lb/>has the motives, the<lb/> inducements, could <lb/>adequate means be <lb/>wanting for converting <lb/>the power of judicature<lb/> into a boundless <lb/>evil.<lb/></p><p>15. <lb/>Branches of this Evil<lb/> 1. Private — vexation to<lb/> individual defendants<lb/> in the several <lb/>suits. <lb/>2. Public — absorption <lb/>of Judge's time by these <lb/>groundless suits, so<lb/> as to leave none for<lb/> well-grounded ones. <lb/>Judicatories ever so<lb/> numerous, all their <lb/>time might thus be exhausted.<lb/></p><p>16.<lb/> Thus, any person by<lb/> whom injury in any<lb/> shape had been inflicted<lb/> on any other, would <lb/>in the practice of oppression,<lb/> have a corresponding <lb/>adequate<lb/> motive, and a means<lb/> for thus absorbing the <lb/>Judge's time by himself, <lb/>Confederates & agents.<lb/></p><p>17. <lb/>Objection. Of restraints <lb/>on litigation, you <sic>admitt</sic><lb/> the necessity. <lb/> Fees and other taxes<lb/> on the operations and <lb/>instruments by which <lb/>litigation is carried on,<lb/> impose these restraints.<lb/></p><!-- column break --><head>Ch. Abuse by Pusuer obviated<lb/>§. 1 Proper course</head><p>18. <lb/>Answer. True: the <lb/>evil is prevented form being<lb/> so great as to be <lb/>destructive to society:<lb/> still, in the modes <lb/>in which these restraints <lb/>are imposed<lb/> it constitutes a great<lb/> grievance. Much <lb/>of the evil remains<lb/> licensed & established.<lb/></p><p>19. <lb/>Rules for admission <lb/>of <hi rend="underline">bona fide</hi> and exclusion<lb/> of mala fide<lb/> pursuits and defences.<lb/> 1. To every instance<lb/> of blameworthy pursuit<lb/> whether legal claim <lb/>or accusation, attach<lb/> factitious suffering.<lb/>2. So, as to defence. <lb/>3. To no instance of <lb/>blameless pursuit <lb/>4. or defence <lb/>5. Between pursuer <lb/>and Judge interpose<lb/> not, unless in case<lb/> of necessity any third <lb/>person<lb/> Reasons<lb/> 1. No assistance <lb/>needed, no obligation <lb/>of employing assistant <lb/>should be imposed. <lb/>2. Assistance needed,<lb/> none so adequate<lb/> and appropriate as <lb/>the Judge <lb/>3. In<lb/></p><head>Ch.<lb/>§. 1 Proper course</head><p>19 Contin<hi rend="superscript">d</hi>.<lb/>3. In many, even<lb/> most cases, pursuer's <lb/>testimony for<lb/> himself is needed <lb/>by him.<lb/> 4. So, his testimony against himself by Defendant <lb/>5. So, between Defendant<lb/> and Judge. <lb/>Reasons the same.<lb/> 6. Suffer no suit to<lb/> be commenced, without <lb/>allowance by<lb/> the Judge, grounded <lb/>on would be pursuer's <lb/>statement.<lb/> Reason — Without vexation<lb/> and expence to<lb/> Defendant no such <lb/><!-- blank space --> can have <lb/>place. If of this vexation<pb/> and expence, <lb/>the evil will not probably<lb/> be outweighed <lb/>by the good produced<lb/> by the giving effect to <lb/>pursuer's claim or accusation,<lb/> no such <lb/><!-- blank space --> is reconcilable<lb/> to the ends of Justice. But from the <lb/>would be pursuer's <lb/>statements, can any<lb/> ground for the opinion<lb/> of the probability of <lb/>such preponderance <lb/>be deduced. <lb/>8. Evidence of <!-- blank space --><lb/>exclude from no source<lb/> or<lb/> whether called Witness <lb/>or party: receive as <lb/>far as offered: compel<lb/> and extract in so far<lb/> as not offered.<lb/></p> | ||
1823 Dec. 9
Constitutional Code or Procedure
C 3 Next after or before
Ch Initiating hearing
2
P 111
Ch IX Judicial Abuse by Pursuer obviated
§. 1. Proper course
Ch. Abuse by Pursuer obviated
§. 1. Proper course
14
Thus, to no man who
has the motives, the
inducements, could
adequate means be
wanting for converting
the power of judicature
into a boundless
evil.
15.
Branches of this Evil
1. Private — vexation to
individual defendants
in the several
suits.
2. Public — absorption
of Judge's time by these
groundless suits, so
as to leave none for
well-grounded ones.
Judicatories ever so
numerous, all their
time might thus be exhausted.
16.
Thus, any person by
whom injury in any
shape had been inflicted
on any other, would
in the practice of oppression,
have a corresponding
adequate
motive, and a means
for thus absorbing the
Judge's time by himself,
Confederates & agents.
17.
Objection. Of restraints
on litigation, you admitt
the necessity.
Fees and other taxes
on the operations and
instruments by which
litigation is carried on,
impose these restraints.
Ch. Abuse by Pusuer obviated
§. 1 Proper course
18.
Answer. True: the
evil is prevented form being
so great as to be
destructive to society:
still, in the modes
in which these restraints
are imposed
it constitutes a great
grievance. Much
of the evil remains
licensed & established.
19.
Rules for admission
of bona fide and exclusion
of mala fide
pursuits and defences.
1. To every instance
of blameworthy pursuit
whether legal claim
or accusation, attach
factitious suffering.
2. So, as to defence.
3. To no instance of
blameless pursuit
4. or defence
5. Between pursuer
and Judge interpose
not, unless in case
of necessity any third
person
Reasons
1. No assistance
needed, no obligation
of employing assistant
should be imposed.
2. Assistance needed,
none so adequate
and appropriate as
the Judge
3. In
Ch.
§. 1 Proper course
19 Contind.
3. In many, even
most cases, pursuer's
testimony for
himself is needed
by him.
4. So, his testimony against himself by Defendant
5. So, between Defendant
and Judge.
Reasons the same.
6. Suffer no suit to
be commenced, without
allowance by
the Judge, grounded
on would be pursuer's
statement.
Reason — Without vexation
and expence to
Defendant no such
can have
place. If of this vexation
---page break---
and expence,
the evil will not probably
be outweighed
by the good produced
by the giving effect to
pursuer's claim or accusation,
no such
is reconcilable
to the ends of Justice. But from the
would be pursuer's
statements, can any
ground for the opinion
of the probability of
such preponderance
be deduced.
8. Evidence of
exclude from no source
or
whether called Witness
or party: receive as
far as offered: compel
and extract in so far
as not offered.
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Identifier: | JB/052/036/001"JB/" can not be assigned to a declared number type with value 52. |
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1823-12-09 |
14-19 |
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052 |
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036 |
procedure |
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d2 / e2 / f147 |
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john flowerdew colls |
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16709 |
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