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1827. Novr. 6
Law Amendment.
ult
Propositions
Ch. Procedure
Existing System
Equity delay
9
In each case question
this: 1 as to law. 2<lb?>as to fact: on neither
has Chancellor
tolerably adapted measure
of decision
Question of fact On every/each individual case question liable to arise two:
9 No tolerably well adapted measure for deciding either upon
question of law and question of fact: reduced to these two all others
On For a any hundred year period Neither the one nor the other are any tolerably well adapted
means of decision been in the possession of any man who has ever
borne the name of Chancellor.
10
1. Not in law. Patches
excepted no word of
real law being furnished<lb?>to him
Yet upon the question of law: because
never unless here and there by accident and a has he had before him any portion of discourse
of which it could be said that the words composing it were the
words of given as thus by a man or set of men acknowledged by others or so much as stated
by themselves to have power to make law
11
2. Not in fact. As
to every fact (affidavit
<writ excepted) his judgment
has blindfold
on Master's Report
11. Not upon the question of fact. For for of instead of applying<lb?>to the subject his own conception intellectual faculties<a/dd> and his own judgment, he
on every occasion takes every thing upon trust acting blindfold on
the ground of the conception formed in judgment pronounced by others.
12
Judgments for correct
decisions as slight as
possible for incorrect
decision motives as
strong as possible
12. And by what others? By one so situated that while
to inducements so slight as possible for the prevention of a correct <add>and comprehensive judgment<lb?>he adds inducements as strong as possible to the prevention of an
incorrect and inadequate one, they add motives as strong as
possible for the organizing of factitious delay 2 compounded in an extent
without any motive for the time taken of it.
13
Whole system of Equity
a system of factitious
delay instituted for the
benefit of its establishers
Acting on the
score of the present no man but other than the three
or four whose interest is no less in opposition to the interest of
than their own has been made be for right decision they have
no l of for wrong decision no fear of and
as to delay not a can they have organized by which
they have not been made . The whole system of Equity procedure
A system of on factitious delay and expence instituted by men<lb?>for the benefit of those by whom it has been established.
14
Judges enriched by
not by doing
their duty but by
exacting payment
as if they did it.
14 The Judges of fact correct themselves in proportion or
instead of doing their duty they evade doing their duty exacting
payment for it as if they did it had done it:
among themselves for matter of the which victory
over penury or want and in the seven or eight remaining number
sitting </gap/> four or five days out of seven, two or three
hours out of the twenty four, just long enough to receive the fees and
present the appearance of an attention to the business, the whole labour of which is turned down to their Clerks.
Identifier: | JB/056/236/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-11-06 |
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