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<head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 6<lb/>Law Amendment.</head> <p><note><sic>ult</sic><lb/>Propositions<lb/><sic>Ch.</sic> Procedure<lb/>Existing System<lb/>Equity Delay</note></p> <!-- marginal summaries in pencil --> <p.<note>5<lb/>For delay, justice<lb/>Chancellor, or so-called<lb/>Judge has been the<lb/>1. the inclination<lb/>unless inclination to <gap/> sacrifice of<lb/>self interest <del>is p</del><lb/>has place</note></p> <!-- paragraph numbering in pencil --> <p>5 No Chancellor <del>has</del> no Judge <del>be</del> or Judge at any rate<lb/>who has borne that name has ever had such inclination or so much<lb/>as power in any <gap/> degree to do justice.</p> <!-- paragraph mark --> <p>Not the inclination:<lb/>unless it be in <del>human</del> <add>the</add> nature <add>of any</add> more such <gap/> to lend his <add>pass the</add><lb/>whole of life in an uninterrupted <add>a constant</add> sacrifice of his own to all other<lb/>interests</p> <p><note>6<lb/>2. For power<lb/>enabling men to accomplish<lb?>the ends of<lb/>judicature, the course<lb/>prescribed by precedent<lb/>has necessitated the<lb/><del><gap/></del> contravention of<lb/>all the ends of justice</note></p> <p>6. Not the power: for if the power the course which provided his<lb/><gap/> <gap/> to the observance of is such as <del><gap/></del> what it enables<lb/>him with <gap/> effect to accomplish the actual ends of judicature<lb?><sic>compells</sic> him to the constant contraction of all the ends of justice:<lb/>renders matter of necessity to have <gap/> no <gap/><lb/>when <gap/> is due, <del><gap/></del> and <gap/> of ridicule to<lb/>a manner imaginable to a maximum of delay vexation and<lb/><sic>expence</sic></p> <p><note>7<lb/>The <del>Equity</del> suits cognized<lb/>by Equity Court<lb/>1. Equity mode of elicitation<lb/>is not more<lb/>applicable than to suits<lb/>cognized by<lb/>1 common Law <sic>Const.</sic><lb/>2. Quarter Sessions<lb/>3. Petty Sessions<lb/>4. Session singly<lb/>5. H. of commons<lb/>Inquiry Judicatories</Note></p> <p>7. To the sorts of suits <add>cases</add> <del>to which</del> of which the Equity Judicature<lb/>has taken cognizance and to which the Equity mode of eliciting<lb/>evidence has applied itself that mode of elicitation is not in<lb/>the nature of the case more applicable applicable with more<lb/>propriety that it would be the suits of which <hi rend="superscript">1</hi> the Common Law<lb/>great Judicature has taken cognizance, <hi rend="superscript">2.</hi> or to those to which<lb/>cognizance has been given to the Quarter Sessions Justice of the<lb/>Peace <del><gap/></del> Judicature <hi rend="superscript">3.</hi> or to those of Petty Session Justice<lb/>of Peace Judicature <hi rend="superscript">4</hi> or to those of the Judicature constituted<lb/>by Justice of the Peace acting singly., <hi rend="superscript">5</hi> or to the Judicature<lb/>of Enquiry acted on by House of commons Committees for the<lb/><del>function of g</del> elicitation of evidence to form a ground for a<lb/><del>legisl</del> measure of legislation></p> <p><note>8<lb/>Needful in <hi rend="underline">Equity</hi> cases<lb/>a protracted <gap/> of<lb/><gap/> with years before<lb/>an answer can be extracted<lb>from an <gap/><lb/>Respondent, so it is in<lb/>all those other cases<lb/>As to the <sic>aptest</sic> mode for<lb/>extracting truth,<lb/>no difference.</note></p> <p>8. If in the nature of the case, on the occasion of any of the<lb/>suits of which Equity Courts take cognizance there is any need or<lb/>use for <hi rend="superscript">1.</hi> a system of <gap/> <sic>falshood</sic> of <sic>untermind</sic> length, <hi rend="superscript">2.</hi> with <gap/><lb/>lapses of years before so much as an answer of any kind<lb/>true or false can be obtained <del><gap/></del> from an unworthy defendant,<lb/>the same <add>need and use</add. is there for the same procedure in a case for a<lb?>five shilling penalty before a Justice of Peace <del>or a <gap/> <gap/></del> and <add>in</add><lb/><!-- continues in the margin --> in the case of every question<lb/>the answer <del>is</del> <add>to</add> which<lb/>is wanted by a Committee<lb/>of the House of<lb/>Commons.  Be the<lb/>fact in question what it may,<lb/><!-- continues along the edge of the page --> in the course of proceeding best adapted to the ascertaining the existence or the non existence, there can not be a difference.</p>
 
 


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1827. Novr. 6
Law Amendment.

ult
Propositions
Ch. Procedure
Existing System
Equity Delay

<p.5
For delay, justice
Chancellor, or so-called
Judge has been the
1. the inclination
unless inclination to sacrifice of
self interest is p
has place

5 No Chancellor has no Judge be or Judge at any rate
who has borne that name has ever had such inclination or so much
as power in any degree to do justice.

Not the inclination:
unless it be in human the nature of any more such to lend his pass the
whole of life in an uninterrupted a constant sacrifice of his own to all other
interests

6
2. For power
enabling men to accomplish<lb?>the ends of
judicature, the course
prescribed by precedent
has necessitated the
contravention of
all the ends of justice

6. Not the power: for if the power the course which provided his
to the observance of is such as what it enables
him with effect to accomplish the actual ends of judicature<lb?>compells him to the constant contraction of all the ends of justice:
renders matter of necessity to have no
when is due, and of ridicule to
a manner imaginable to a maximum of delay vexation and
expence

7
The Equity suits cognized
by Equity Court
1. Equity mode of elicitation
is not more
applicable than to suits
cognized by
1 common Law Const.
2. Quarter Sessions
3. Petty Sessions
4. Session singly
5. H. of commons
Inquiry Judicatories

7. To the sorts of suits cases to which of which the Equity Judicature
has taken cognizance and to which the Equity mode of eliciting
evidence has applied itself that mode of elicitation is not in
the nature of the case more applicable applicable with more
propriety that it would be the suits of which 1 the Common Law
great Judicature has taken cognizance, 2. or to those to which
cognizance has been given to the Quarter Sessions Justice of the
Peace Judicature 3. or to those of Petty Session Justice
of Peace Judicature 4 or to those of the Judicature constituted
by Justice of the Peace acting singly., 5 or to the Judicature
of Enquiry acted on by House of commons Committees for the
function of g elicitation of evidence to form a ground for a
legisl measure of legislation>

8
Needful in Equity cases
a protracted of
with years before
an answer can be extracted<lb>from an
Respondent, so it is in
all those other cases
As to the aptest mode for
extracting truth,
no difference.

8. If in the nature of the case, on the occasion of any of the
suits of which Equity Courts take cognizance there is any need or
use for 1. a system of falshood of untermind length, 2. with
lapses of years before so much as an answer of any kind
true or false can be obtained from an unworthy defendant,
the same need and use</add. is there for the same procedure in a case for a<lb?>five shilling penalty before a Justice of Peace or a and <add>in
in the case of every question
the answer is to which
is wanted by a Committee
of the House of
Commons. Be the
fact in question what it may,
in the course of proceeding best adapted to the ascertaining the existence or the non existence, there can not be a difference.



Identifier: | JB/056/235/001"JB/" can not be assigned to a declared number type with value 56.

Date_1

1827-11-06

Marginal Summary Numbering

5-8

Box

056

Main Headings

Law Amendment

Folio number

235

Info in main headings field

Law Amendment

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

C2 / E2

Penner

Watermarks

Marginals

Jeremy Bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18291

Box Contents

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