★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| Line 9: | Line 9: | ||
3<lb/>Ch <del>Judicial</del> Abuse <add>by pursuer</add> obviated<lb/>3<lb/> §. 2 Customary course<lb/></note> | 3<lb/>Ch <del>Judicial</del> Abuse <add>by pursuer</add> obviated<lb/>3<lb/> §. 2 Customary course<lb/></note> | ||
<!-- The rest of the page is divided into three consecutive columns. --> | |||
<p>20. or 1 <lb/>Customary course, what? <lb/>as wide as possible, from<lb/> proper d<hi rend="superscript">o</hi>.<lb/></p> <p>To understand the <lb/>devious course, the <lb/>cause of the deviation<lb/>must be seen<lb/></p><p>12. or 2. <lb/>End of the proper <lb/>course, greatest happiness<lb/> of greatest number. <lb/>End of the devious <lb/>established d<hi rend="superscript">o</hi>., <lb/>particular and sinister <lb/>interest — greatest<lb/> supposed happiness<lb/> of those concerned in<lb/> the projection of it, <lb/>pursued at the expence <lb/>of <del>the</del> greatest number's <lb/>happiness.<lb/></p><p>22 or 3 <lb/>Purpoes of the proper<lb/>course<lb/>1. Keeping out all<lb/>blameworthy pursuits<lb/>and defences.<lb/>2. Letting in all blameless<lb/>ones.<lb/></p><p>23 or 4<lb/>Purposes of the established<lb/>course.<lb/>1. Keeping out all suits<lb/>and defences, blameworth<lb/>and blameless<lb/>together that would<lb/><hi rend="underline">not</hi> afford Lawyer's<lb/>profit.<lb/>2 Letting in all, blameworthy<lb/>and blameless<lb/>toghether, that <hi rend="underline">will</hi><lb/></p><p>24. or 5. <lb/>Motives ofr the proper<lb/>course<lb/>1. Maximizing execution<lb/>aand effect of thealw, it<lb/>having for it's object<lb/>greatest happiness &c<lb/>2. Minimizing delay,<lb/>vexation & expence.<lb/></p><!-- column break --><p>25. or 6<lb/>Motives for the established<lb/>course —<lb/>1. Maximizing delay, vexation<lb/>and expence,<lb/> for the profit obtainable<lb/> from and proportioned <lb/>to, the expence<lb/></p><p>26. or 7. Means of accomplishing <lb/>this end<lb/>1. Assessments on all<lb/> <!-- blank space --> without distinction,<lb/>except at the<lb/>end of the suit<lb/> | |||
</p><p>27. or 8 <lb/>By this arrangement,<lb/> excluded are all suits,<lb/>blameless and blameworthy<lb/>together, on<lb/>which the pursuer<lb/>would not be able<lb/>to pay the tax.<lb/></p><p>28. or 9<lb/>Consequence as to <lb/>Justice.<lb/>1. On pursuer's side,<lb/>to those who would<lb/>otherwise be prsuers,<lb/>all means of redress<lb/>for injury in<lb/>every shape refused:<lb/>licence to all persons<lb/>whatever to inflict on<lb/>them with impunity<lb/>injury in every shape.<lb/></p><p>29. or 10.<lb/> On Defendant's side —<lb/> To every person who, in<lb/> the character of pursuer, <lb/>will pay the price, license <lb/>to inflict injury<lb/> in the shape of depredation<lb/> and every other,<lb/> on every person who<lb/> can not pay the price<lb/> set upon a licence for <lb/>self defence<lb/></p><!-- column break --><p>30. or 11 <lb/>True, along with blameless,<lb/> blameworthy <lb/>pursuits and defences<lb/> are thus excluded.<lb/> But by the indiscriminating<lb/> arrangement, <lb/>no good can<lb/> be produced, that <lb/>would not be more <lb/>surely produced by <lb/>the discriminating <lb/>one<lb/></p><p>Proportioned to the<lb/> demand in respect<lb/> of species and degree <lb/>of blaime, would be<lb/> the suffering appointed<lb/> by the discriminating <lb/>arrangement: <lb/>no such proportion<lb/> is maintained by the<lb/> indisriminating <lb/>one.<lb/></p><p>31. or 12<lb/>Not greatly in favour<lb/> of the innocent<lb/>and injured, exemption<lb/>from factitious<lb/>suffering: still further<lb/>have the founders<lb/>of the established system<lb/>been from granting<lb/>factitius <hi rend="underline">relief</hi><lb/></p><p>32. or 13.<lb/> As to interposition<lb/> of an extraneous<lb/> assistant between <lb/>party and Judge: in<lb/> this has all endeavour<lb/> and contrivance <lb/>been employed<lb/></p> | |||
1823 Dec 10
Constitu. Code or Procedure
3
Ch Judicial Abuse by pursuer obviated
3
§. 2 Customary course
20. or 1
Customary course, what?
as wide as possible, from
proper do.
To understand the
devious course, the
cause of the deviation
must be seen
12. or 2.
End of the proper
course, greatest happiness
of greatest number.
End of the devious
established do.,
particular and sinister
interest — greatest
supposed happiness
of those concerned in
the projection of it,
pursued at the expence
of the greatest number's
happiness.
22 or 3
Purpoes of the proper
course
1. Keeping out all
blameworthy pursuits
and defences.
2. Letting in all blameless
ones.
23 or 4
Purposes of the established
course.
1. Keeping out all suits
and defences, blameworth
and blameless
together that would
not afford Lawyer's
profit.
2 Letting in all, blameworthy
and blameless
toghether, that will
24. or 5.
Motives ofr the proper
course
1. Maximizing execution
aand effect of thealw, it
having for it's object
greatest happiness &c
2. Minimizing delay,
vexation & expence.
25. or 6
Motives for the established
course —
1. Maximizing delay, vexation
and expence,
for the profit obtainable
from and proportioned
to, the expence
26. or 7. Means of accomplishing
this end
1. Assessments on all
without distinction,
except at the
end of the suit
27. or 8
By this arrangement,
excluded are all suits,
blameless and blameworthy
together, on
which the pursuer
would not be able
to pay the tax.
28. or 9
Consequence as to
Justice.
1. On pursuer's side,
to those who would
otherwise be prsuers,
all means of redress
for injury in
every shape refused:
licence to all persons
whatever to inflict on
them with impunity
injury in every shape.
29. or 10.
On Defendant's side —
To every person who, in
the character of pursuer,
will pay the price, license
to inflict injury
in the shape of depredation
and every other,
on every person who
can not pay the price
set upon a licence for
self defence
30. or 11
True, along with blameless,
blameworthy
pursuits and defences
are thus excluded.
But by the indiscriminating
arrangement,
no good can
be produced, that
would not be more
surely produced by
the discriminating
one
Proportioned to the
demand in respect
of species and degree
of blaime, would be
the suffering appointed
by the discriminating
arrangement:
no such proportion
is maintained by the
indisriminating
one.
31. or 12
Not greatly in favour
of the innocent
and injured, exemption
from factitious
suffering: still further
have the founders
of the established system
been from granting
factitius relief
32. or 13.
As to interposition
of an extraneous
assistant between
party and Judge: in
this has all endeavour
and contrivance
been employed
|
Identifier: | JB/052/037/001"JB/" can not be assigned to a declared number type with value 52. |
|||
|---|---|---|---|
|
1823-12-10 |
20 or 1 - 32 or 13 |
||
|
052 |
constitutional code; procedure code |
||
|
037 |
constitut. code or procedure |
||
|
001 |
|||
|
marginal summary sheet |
1 |
||
|
recto |
d3 / e3 / f148 |
||
|
john flowerdew colls |
j whatman turkey mill 1822 |
||
|
jonathan blenman |
|||
|
1822 |
|||
|
16710 |
|||
