JB/056/167/001

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1827. Octr. 18 +
Law Amendments

2o
§ 5. Procedure
Proposed Execution

Proposed system compared
with the existing in respect
of dispatch

Compare now with the proposed plan system the existing one in respect
of dispatch, in other words in respect of the quantum of the three so intimately
connected yet still distinguishable evils, delay vexation and expence

First as to delay In the
proposed system no factitious
delay. Judge who receives
the first application terminates
the suit as soon
as the necessary evidence
can be elicited

1. First as to delay. On Under the proposed system, of factitious delay not a particle.
By the same Judge by whom the application the cogent and
initiatory application has been received made, if no evidence from other judicial
territories is required appears to be requisite the suit is terminated the suit receives its termination,
every piece of evidence from whatsoever source it appears capable
of being furnished, being elicited as soon as the condition of the person from
whom it is to come admitts

Behold See now how the matter stands in the case of penal
and criminal suits in the most approved and long-established court

In existing system
delays 1 In the most
highly penal cases delays
in the course of proceedings
first before the Justice of
the peace afterwards at
the assizes

1. In Among penal and criminal cases prosecuted by indictment
in the most highly penal cases the proceedings commence
before a single Justice of the peace or Justices in any number more than one
not acting as Quarter Sessions. If there then appears sufficient ground
for supposing that, in the trial, at the Assizes before a Judge and
a Jury evidence sufficient to warrant conviction will be produced
the defendant is consigned to a Jail in which guilty or not guilty
he may it may continues any number of days from one to six months
and when the county has the misfortune to be at a certain distance
north from the source of chief sort of judicatories For this
delay, delay — the whole of it the work of government not so much as the it is not in the power of words
to assign a justification, nor except what is afforded by blind defence
to useage, an extenuation or excuse. A sort of self satisfaction
and on the part of those on whom the by whom this state of things is intended a
sort of self exculpation is afforded by the consideration that on the part
of those who then suffer the greatest number were really guilty of the
offence so charged upon them. But if so, why is it? Only because
the evidence elicited which by the Justice of Peace and which served
as a ground for committing the Prisoners guilty or not guilty was in
its nature sufficient to warrant the treating him as guilty, on which
supposition the whole of the subsequent proceedings so constitute a source of
worse than useless delay vexation and expence

Identifier: | JB/056/167/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-10-17	Marginal Summary Numbering	Not numbered
Box	056	Main Headings	Law Amendment
Folio number	167	Info in main headings field	Law Amendments
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1
Penner		Watermarks	BROCKLESBY & MORBEY 1827
Marginals	George Bentham	Paper Producer	Edmund Henry Barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	18223
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