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1827. Septr. 17
Procedure Constitutional Code
Ch. X Prefat
§.
Between Technical and Natural Procedure, the
characteristic difference may be expressed in a few words.
Of technical procedure the prime object is — to do every thing as
near as possible to what whatever has been done before. beyond this the design of it does not extend of making more eligible
this is so much on a
endeavoured to
be Of Natural
Procedure the object is to give execution and effect principal as to the substantive
branch of the law, with as little delay, vexation and
expence as possible.
The technical branch of procedure is in effect a branch
from the Judge-made species — the so called Common Law.
The Common Law in its totality has for its object as above
the day every thing as near as possible to whatever has been done
before. As to the effect upon human happiness, upon any such matter scarce a
much as a single thought is here expended by upon it. In the chief tribune of the
Common Law the post of Lord Chief Justice first Valuer of
Institutes, if under the name of the augmentive at
a sort of feint allowance is made to it, the state instead of being the
first is neither a of argument in a of
of Common Law argument, as neither the first nor yet the last
but confounded with the
A competitor of opposite is a defaulter which
is a denomination, which by one writer an later</note>
has been employed in & in law
the character of a definition of the same Common Law. Nor yet
by any means with impropriety. Nor is the account of the
creator <add>in instructive or improper, as far as it goes. With
the account just given it not inexactly
it is — that gives as whether stiled rule or or
what else so ever of Common Law are deduced by analysis
then if taken from those of previous and so on without end,
except in so far as of the matter of Statute law comes in
as it were and overlaps overlays
Identifier: | JB/056/121/001"JB/" can not be assigned to a declared number type with value 56. |
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