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1828 July 30
Judicial Establishment or Procedure Code
Preface>note>
Without punishment for Judges
would with it have
suppose then they
1 Fear of punishment
more than a
purpose
2 all
3 at the <add> particular time and occasion</add>
<note>22
To render judicial field
in fees, measures, two
1. Written pleadings, in
contradistinction to Evidence
2. Extension of mendacity
license to Suitors.
To render the field of judicature productive in any such
degree as that in which in England it has been rendered productive
two things are were necessary 1. written pleadings: and 2. the
mendacity license — granted to suitors.
23
From natural course,
oral pleadings by suitors<lb?>fees not extractable
The natural For To these purposes, the normal course natural course of
procedure — appearance of the parties parties as well as extran witnesses other witnesses in the presence of the Judge Judge
have had not ever been made subservient [nor by possibility could
be rendered in any degree appreciative to what
under the existing system it had been
could not be made subservient.
24 24
From , yes;
by in small proportion
but writing was not
common enough.
nor could Judge pay
Charles enough
Every thing being in
In this case whatever was done being <del.
done that is to say said, as it being by the persons
other than the Judge and his attendants (and the
professional assistants of any of the parties) those who rema
that which remained for them to do was nothing. True
it is that the allegation of the parties and the witnesses brought
by them might have been committed to writing. But
it is not till comparatively of late years, by the application
of the art of short hand writing this operation has
been rendered possible : antecedently to that invention
the operation of minuting down the allegations<lb?>would have rendered it necessary to apply to the
process of speaking the retardation which the nature of
the case applied to that of writing. And In those days the
practice of the art of writing was by much too rare to
be capable of being employed to any such purpose.
The Judge had no Clerk under him capable of
thus committing to writing those allegations which are
Identifier: | JB/056/250/001"JB/" can not be assigned to a declared number type with value 56. |
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1828-07-20 |
22-24 |
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056 |
Procedure Code |
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250 |
Judicial Establishment or Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
C6 / F6 |
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B&M 1828 |
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Arthur Moore; Richard Doane |
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1828 |
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18306 |
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