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1823. Decr. 8
Constitutional Code. or Procedure
10
Ch. Judicial Abuse obviated
10 >note>§. </note>
14 22
Purpose of the proper
course, keeping out all
blameworthy pursuits
and defences,: 2. letting
in all blameless ones>
The purpose of the here proposed system is two fold — to let in
all pursuits and all defences not which are have not
in the mind of the litigant evil consciousness for their accomplishment:
2. but at the same time to keep out all that
have. Reason< Midwife for the admission, giving the execution and effect to the
to the law law in so far as possible: motive for the , maximization
of useless vexation and expence.
23
1. Purpose of the Customary estate
course. 1. Keeping
out all suits and defences
blameworthy and blameless
together that will would
not afford lawyer's profit.
2. Letting in all blameworthy
and blameless
together, that will.
The purpose of the accustomed customary system has been <del.to
likewise two fold: 1. letting in maximizing the number of profitable suits
out of which a profit may 2. minimizing unprofitable
ones.
24
Motives for the proper
course. 1. Maximizing
execution and effect of the
law, it having for its object
greatest happiness &c.
2. minimizing delay
vexation and expence
In the framing of the customary system the class of one
among whom the profit of it is shared has in every
instance had the principal By taxes called fees
the produce of which a the one
hands both their objects common purpose were secured at the same
time.
25
Motives for the established
course. 1. Maximizing<lb?>delay, vexation
and expence, for the profit
obtainable from and
proportioned to the expence
As to suitors, including those who should have been so,
and but for the tax would have been so, not the effect in person>
on them the class of man on both sides of the suit.
<note>26
Means of accomplishing
this end.
1. in all
without distinction except
at the end of the suit.
</gap/> On the pursuer's side every individual suit of has not
wherewithal to defray the expence, no profit could be
the means of redress for expence in whatever shape at the hands of evil doers at
large were/stand
refused/
of the Judiciary was kept shut. Thus this
or that side of the suit so much unprofitable labour was
to the law making company . who could pay one
all of them and paid.
to the defendant's side of the suit. from the hand Agents every individual
whose lot placed him in the disastrous situation just mentioned
the all the means of defending himself were torn wrested away. Success over
this to claim however groundless, however given to injuries however For
Depredation was committed
with ease and
impunity, the law of the
pretended instead of
security was the instrument
employed in the
depredation; and the body stand broken amongst the confidently and and
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Identifier: | JB/055/049/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-12-08 |
22-26 |
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055 |
Constitutional Code; Procedure Code |
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049 |
Constitutional Code or Procedure |
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001 |
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Text sheet |
1 |
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recto |
D10 / E10 |
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17770 |
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