JB/081/068/001

Click Here To Edit

1829 May 21
Petitions
Supplement
S.2. Elucidations
S.2. Small Debt Court

21.
II. Now as to Judiciary.
1. Number in a Judicatory.
1. Scoticé, one.
2. Anglicé, in Small Debt Courts, numerous:
so far so bad.

22.
Cause of the multiplicity.
Without it the
institution would have
been unobtainable.

23. By this want of powerful
connection &
community of sinister
interest they were
and are kept clear
of the corruption
which taints vitiates the
Scotch Small Debt
system. See Jurist
for 1829, No.V, Art. IV,
page

24.
Depredation — oppression
— sale of justice — denial of justice
— quasi-chemically
are they all
combined

25.
Local field of service.
1. Scoticé uniform
covering the whole
kingdom.
2. Anglicé — a few
only in unconnected
shots: like the African
Oases.

26.
Logical field of service
1. per J.B. omnicompetent.
2. Scoticé confined to £ Debts.
3. to Anglicé

27.
4. Intercommunity
of Jurisdiction.
1. Per J.B. entire.
2. Scoticé small &
inadequate
3. Anglicé none.

28.
5. Supply of Judges
power
1. per J.B. adequate.
2. Scoticé , none, except
in name.
3. Anglicé, none: the
many-seatedness is
incompatible with it.

29.
6. Qualification &
term of service.
1. Per J.B. qualification
approved by
experience & judicial
examination.
Term for life — dislocation
& or cause
special and proved
complete.
2. Scoticé , provision
none — aptitude
disregarded.
3. So Anglicé.

30.

30.
7. Remuneration.
1. Per J.B. pure salary,
non-corruptive.
2. Scoticé greatest
part the consummately
corruptive
fees.
3. Anglicé, none immediate: only so
the most active,
prospect of small
patronage.

31 or 1.
Small Debt courts
English
2. Local field extent,
as it is, narrow.

32 or 2.
Extent as it ought
to be, coextensive
with all England.

33 or 3.
Course of these institutes
— Interest
of Creditors in suits.

34 or 4.
Cause of the smallness
of the aggregate
of their local
extents, the adverse
influence of particular
and sinister
interests: viz.
1. Judge & Co's.
where business
and profits.

35 or 5.
2. The expense of
obtaining the
several Acts
which expense
instead of being imposed
on the all- comprehensive national
fund as it
would have been
had the local
field of this procedure
system been
all-comprehensive,
was imposed upon
the inhabitants, whereby
all but large &
opulent neighbourhoods
were excluded from
it.

36 or 6.
Division of interests
as to adding to the
number of Small
Debt Acts.
1. In the H of Coms.
Speaker's interest
served — Common
Lawyers' interest
disserved.

37 or 7.
By thus being declared
Public, Special Readers' interest was disserved,
but H. of Com.
Clerks and thence
Speaker remain
untouched.
Being called Public
would not force
such a Bill through
their hands if unwilling.

37(a) or 7(a).
H. of Coms. Clerks — pending
arrangemt. for
paying them according
to number of
days occupied — interest
thus opposed
to duty.

38 or 8.
In the Lords Bills
of this sort would be
naturally opposed
by the Law Lords.
The late Lord Ellenborough throu threw
them out.

Identifier: | JB/081/068/001"JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-05-21	Marginal Summary Numbering	21-30, 31 or 1 - 37 or 7, 37a or 7a, 38 or 8
Box	081	Main Headings	petition for justice
Folio number	068	Info in main headings field	petitions
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	25855
Box Contents