JB/056/235/001

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1827. Novr. 6
Law Amendment.

ult
Propositions
Ch. Procedure
Existing System
Equity Delay

5
For delay, justice
Possessed by no
Chancellor, or so-called
Judge has been the
1. the inclination
unless inclination to
purported 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 tolerable 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. Nor power
enabling men to accomplish
the ends of
judicature, the course
prescribed by precedent
has necessitated the
violat contravention of
all the ends of justice

6. Not the power: for of the power the course which provided has
bound him to the observance of is such as which it enables
him with consummate effect to accomplish the actual ends of judicature
compells him to the constant counteraction of all the ends of justice:
renders matter of necessity to have misdecision, no decision
when decision is due, and instead of ridicule to
a maximum 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 Courts
2. Quarter Sessions
3. Petty Sessions
4. Justices singly
5. H. of Commons
Enquiry 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 q elicitation of evidence to form a ground for a
legisl measure of legislation.

8
Needful in Equity cases
a protracted length of
time with years before
an answer can be extracted
from an unwilling
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 unwilling defendant,
the same need and use is there for this same procedure in a case for a
five shilling penalty before a Justice of Peace or a and 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
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