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<head>1827 <sic>Oct.</sic> 10<lb/>Procedure Code</head> <p>2 <note>2<hi rend="superscript">o</hi><lb/>Preparatory Resolution</note><lb/>(2 <note><del>&sect;.3 Judicatory or<lb/>&sect; 4. Justice for all</del><lb/>&sect;. Procedure</note></p> <p>Judiciary &#x2014; <unclear>accessible</unclear></p> <p><add>8. If the sum so exacted is the same it matters not to whom<lb/>it is made payable.  But if it is made payable to government it remains the same<lb/>subject matter: if made payable to Judges or those of whom they have the <gap/></add></p> <p><note>8<lb/>Refusing access to a pursuer<lb/>is giving licence to wrongs.</note></p> <p>Judicatory &#x2014; accessibility</p> <p>8. That by refusing access to a pursuer in the character<lb/><add>and the number of occasions in which the sums are made <gap/> or left to be determined<lb/>by them a licence is thereby given to them the <sic>encrease</sic> the amount at pleasure.</add><lb/>if plaintiff, pursuer, prosecutor &#x2014; whatsoever be the denomination employed<lb/>a virtual and effectual licence is given to wrongs of every<lb/>description by which injury is done to him: <!-- brackets in pencil --> [except in so far as<lb/>the government itself takes upon itself and fulfils with effect the<lb/>task of <del><gap[/></del> <add>calling in his stand of</add> subject matter to be <gap/> to him by the Judge.]</p> <p>
<head>1827 <sic>Oct.</sic> 10<lb/>Procedure Code</head> <p>2 <note>2<hi rend="superscript">o</hi><lb/>Preparatory Resolution</note><lb/>(2 <note><del>&sect;.3 Judicatory or<lb/>&sect; 4. Justice for all</del><lb/>&sect;. Procedure</note></p> <p>Judiciary &#x2014; <unclear>accessible</unclear></p> <p><add>8. If the sum so exacted is the same it matters not to whom<lb/>it is made payable.  But if it is made payable to government it remains the same<lb/>subject matter: if made payable to Judges or those of whom they have the <gap/></add></p> <p><note>8<lb/>Refusing access to a pursuer<lb/>is giving licence to wrongs.</note></p> <p>Judicatory &#x2014; accessibility</p> <p>8. That by refusing access to a pursuer in the character<lb/><add>and the number of occasions in which the sums are made <gap/> or left to be determined<lb/>by them a licence is thereby given to them the <sic>encrease</sic> the amount at pleasure.</add><lb/>if plaintiff, pursuer, prosecutor &#x2014; whatsoever be the denomination employed<lb/>a virtual and effectual licence is given to wrongs of every<lb/>description by which injury is done to him: <!-- brackets in pencil --> [except in so far as<lb/>the government itself takes upon itself and fulfils with effect the<lb/>task of <del><gap/></del> <add>calling in his stand of</add> subject matter to be <gap/> to him by the Judge.]</p> <p><del>Judicatory</del> <add>&sect;.5. Procedure &#x2014; judges<lb/>accessibility.</add></p> <p><note>9<lb/>Refusing access to a<lb/>defendant is putting an<lb/>instrument of wrong in<lb/>the hands of every person<lb/>disposed to wrong another.</note></p> <p>9. That by refusing access to a person in the character<lb/>of a defendant the <del><gap/></del> power of the law is an instrument put<lb/>in the hands of every person disposed to do wrong to any other:<lb/>the instrument whereby he is enabled to bring down <del>the <gap/></del><lb/>upon the head of the person so disbarred from access <del><gap/</del> <add>suffering</add> afflictions<lb/><del>whether</del> in every shape in which it is inflicted by the hand <add>to the authority<lb/>of the Judge</add> of law &#x2014; whether under the name of satisfaction or under the<lb/>name of <gap/></p> <p><add>&sect;.5. Procedure accessibility. Fees</add></p> <p><note>10<lb/>The great majority of<lb/>the people utterly unable<lb/>to provide fees</p> <p>10. That the great majority of the people of this country<lb/>not being able without <del>considerable</del> <add>great</add> difficulty to procure by them<add>for themselves</add><lb/>the means of subsistence are altogether unable to provide a<lb/>money for purchasing under the name of fees <del><gap/></del> either in the character<lb/>of plaintiff-prosecutor, or in the character of defendant <del>the possibility <add>means</add><lb/>of access to</del> the possibility <del>of the chance</del> <add>obtaining</add> for justice.</p> <p><add>Procedure &#x2014; accessibility. Fees</add></p> <p><note>11<lb/>Access given <add>only</add> to a <add>paid</add> professional<lb/>assistance is not<lb/>access given to the party</note></p> <p>11. That access given <add>a party</add> to the professional <add><del><gap/></del></add> assistant <!-- brackets in pencil --> [of a<lb/>party, whether on the plaintiff's side or the defendant's side]<lb/>who will not assist unless paid is not access given<lb/>to the party himself.</p> <p><add>Procedure accessibility. Fees</add></p> <p><note>12<lb/>Access is equally denied by<lb/>prohibition or by inaccessibility<lb/>or unintelligibility of the<lb/>rule of action.</note></p> <p>12. That it matters not to the party by whom<lb/>effectual access to the Judge as such is in effect denied it<lb/>matters not whether <del>the denial b</del> <add>the effect be produced</add> by express prohibition<lb/>or by so ordinary matter that the rule of action <del.in the system</del> <add>or the system of judicial procedure shall<lb/>to the Judge in question<lb/>be</add><lb/>accessible be inaccessible <add>non-existent</add> or unintelligible.</p>
 
 


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Revision as of 10:44, 31 March 2025

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1827 Oct. 10
Procedure Code

2 2o
Preparatory Resolution

(2 §.3 Judicatory or
§ 4. Justice for all

§. Procedure

Judiciary — accessible

8. If the sum so exacted is the same it matters not to whom
it is made payable. But if it is made payable to government it remains the same
subject matter: if made payable to Judges or those of whom they have the

8
Refusing access to a pursuer
is giving licence to wrongs.

Judicatory — accessibility

8. That by refusing access to a pursuer in the character
and the number of occasions in which the sums are made or left to be determined
by them a licence is thereby given to them the encrease the amount at pleasure.

if plaintiff, pursuer, prosecutor — whatsoever be the denomination employed
a virtual and effectual licence is given to wrongs of every
description by which injury is done to him: [except in so far as
the government itself takes upon itself and fulfils with effect the
task of calling in his stand of subject matter to be to him by the Judge.]

Judicatory §.5. Procedure — judges
accessibility.

9
Refusing access to a
defendant is putting an
instrument of wrong in
the hands of every person
disposed to wrong another.

9. That by refusing access to a person in the character
of a defendant the power of the law is an instrument put
in the hands of every person disposed to do wrong to any other:
the instrument whereby he is enabled to bring down the
upon the head of the person so disbarred from access <gap/ suffering afflictions
whether in every shape in which it is inflicted by the hand to the authority
of the Judge
of law — whether under the name of satisfaction or under the
name of

§.5. Procedure accessibility. Fees

10
The great majority of
the people utterly unable
to provide fees

10. That the great majority of the people of this country
not being able without considerable great difficulty to procure by themfor themselves
the means of subsistence are altogether unable to provide a
money for purchasing under the name of fees either in the character
of plaintiff-prosecutor, or in the character of defendant the possibility means
of access to
the possibility of the chance obtaining for justice.

Procedure — accessibility. Fees

<note>11
Access given only to a paid professional
assistance is not
access given to the party

11. That access given a party to the professional assistant [of a
party, whether on the plaintiff's side or the defendant's side]
who will not assist unless paid is not access given
to the party himself.

Procedure accessibility. Fees

12
Access is equally denied by
prohibition or by inaccessibility
or unintelligibility of the
rule of action.

12. That it matters not to the party by whom
effectual access to the Judge as such is in effect denied it
matters not whether the denial b the effect be produced by express prohibition
or by so ordinary matter that the rule of action <del.in the system or the system of judicial procedure shall
to the Judge in question
be

accessible be inaccessible non-existent or unintelligible.



Identifier: | JB/056/154/001"JB/" can not be assigned to a declared number type with value 56.

Date_1

1827-10-10

Marginal Summary Numbering

8-12

Box

056

Main Headings

Procedure Code

Folio number

154

Info in main headings field

Procedure Code

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

D2 / E2

Penner

Watermarks

J WHATMAN TURKEY MILL 1824

Marginals

George Bentham

Paper Producer

Jonathan Blenman

Corrections

Paper Produced in Year

1824

Notes public

ID Number

18210

Box Contents

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