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1827. Novr. 9
Law Amendment.
Propositions
Ch Procedure
Regularity then is either
Time for disestablishment.
In fixing Fixation that which
and justice never can be far
contest to pretend neither of the of the
of the code of practice
3
Preestablished the
motions of a steam engine
so under existing system
the motions of a judicatory
Preestablished are the motions of a steam engine,
preestablished likewise except were in so far as are to be
had got for disestablishing them under the existing system are the motions of the judicatory:
of plaintiff, of defendant, of judicial subordinates, and where
so it is that that which is done in his name and made to be
spoken of as done by him is done by him, for if if the Judge one small
part of that which is said to be done by him, no more does he
know than does the steam engine: so admirably apte adapted<lb>to its uses is the for grinding suitors.
The corn will receive corn and return issue flour: the judicatory
receives fees and suitors and issues judgements, in this Mill corn is turned
ground in the Judicatory, suitors: the fees are in
shares distributed among
4
In Common law machine
the whole proceedings
squeezed into the compass
of a single day — the
evidence which requires
but half a dozen minutes
to produce as well as trial
which requires as many
years
In the common Law machine, according to one of the rules of the preestablished , the whole matter
upon which the judgement is to operate must by the preceding
operation have been squeezed into compressed within the compass of part of a day, those
parts included which can not but be necessary and those other parts
which the first received part receivable parts if received would if received render unnecessary:
those parts those evidences which it needs would need but half a
dozen minutes to bring and those which it needs half a<lb?>dozen years to bring. Not till the effect work which is requires the
year to produce can be produced, is the effect which the inducter
would suffice to produce suffered to be produced: no: all everywhere,
in the work of the minutes the work of the Years
might be rendered needless and the delay of six years minus
six minutes saved.
5
Where this regularity
not observed proceedings
set wide & extraction
of fees excepted every
thing done is so much
time &labour & expence rendered
useless
Of this case is the machinery of which regularity is the
attribute, regularity is the quality of which these consequences are
the result. Opposite to regularity is irregularity: and for not
less surety than this view the thus denominated
irregularity it is that proceedings
is proved to be upon them, then proceedings whatsoever they are
such the appropriate language are set aside and
extraction of fees excepted in course this as yet done notwithstanding the parties are is as if nothing
had been done.
Identifier: | JB/056/211/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-11-09 |
3-5 |
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056 |
Law Amendment |
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211 |
Law Amendment |
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001 |
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Text sheet |
1 |
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recto |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18267 |
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