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1827. Novr. 6
Law Amendment.
ult
Propositions
Ch. Procedure
Existing System
Equity delay
9
In each case question
two: 1 as to law. 2
as to fact: on neither
has Chancellor
tolerably adapted means
of decision
Question of fact In every/each individual case question liable to arise two:
9 No tolerably well adapted means 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 on 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
by 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 instead of extend of applying
to the subject his own conception intellectual faculties 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 others what others? By men so situated that while
to inducements as slight as possible for the formation of a correct and comprehensive judgment
he adds inducements as strong as possible to the formation of an
incorrect and inadequate one, they add motives as strong as
possible for the organizing of factitious delay 2 compounded in an extent unbound
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 suitors
than their own has been made to beg for right discourse they have
no hope of honour, for wrong decision no fear of and
as to delay not a hour in they were have organized by which
they have not been made governor. The whole system of Equity procedure
is a A system of promises on factitious delay and expence instituted by men
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 enrich 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:
amusing themselves for fees or fees matter of the which victory
over penury or want and : in the seven or eight remaining number
sitting 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.
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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 |
9-14 |
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056 |
Law Amendment |
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236 |
Law Amendment |
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18292 |
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