★ Find a new page on our Untranscribed Manuscripts list.
1827 Oct. 10
Procedure Code
2 2o
Preparatory Resolution
(2 §.3 Judicatory or
§ 4. Justice for all
§. Procedure
§.5. Procedure
Judiciary — accessiblity
8. If the sum so exacted is the same it matters not to whom
it is made payable. But if it is made payable to government it remains the same
subject matter: if made payable to Judges or those of whom they have the
8
Refusing access to a pursuer
is giving licence to wrongs.
Judicatory — accessibility
8. That by refusing access to a pursuer in the character
and the number of occasions on which the sums are made is left to be determined
by them a licence is thereby given to them the encrease the amount at pleasure.
of plaintiff, pursuer, prosecutor — whatsoever be the denomination employed
a virtual and effectual licence is given to wrongs of every
description by which injury is done to him: [except in so far as
the government itself takes upon itself and fulfils with effect the
task of requiring
calling in his stand of subject matter to be made to him by the a Judge.]
Judicatory §.5. Procedure — Judges
accessibility.
9
Refusing access to a
defendant is putting an
instrument of wrong in
the hands of every person
disposed to wrong another.
9. That by refusing access to a person in the character
of a defendant the law power of the law is an instrument put
in the hands of every person disposed to do wrong to any other:
the instrument whereby he is enabled to bring down the
upon the head of the person so disbarred from access every suffering afflictions
which in every shape in which it is inflicted by the hand to the authority
of the Judge of law — whether under the name of satisfaction or under the
name of punishment
§.5. Procedure accessibility. Fees
10
The great majority of
the people utterly unable
to provide fees
10. That the great majority of the people of this country
not being able without considerable great difficulty to procure for themselves by this
the means of subsistence are altogether unable to provide a
money for purchasing under the name of fees either in the character
of plaintiff-prosecutor, or in the character of defendant the possibility means
of access to the possibility of the chance for obtaining justice.
Procedure — accessibility. Fees
11
Access given only to a paid professional
assistance is not
access given to the party
11. That access given a party to the professional law assistant [of a
party, whether on the plaintiff's side or the defendant's side]
who will not assist unless paid is not access given to
the party himself.
Procedure accessibility. Fees
12
Access is equally denied by
prohibition or by inaccessibility
or unintelligibility of the
rule of action.
12. That it matters not to the party by whom
effectual access to the Judge as such is in effect denied it
matters not whether the denial b the effect be produced by express prohibition
or by so ordinary matter that the rule of action or the system or the system of judicial procedure shall
to the party in question
be
accessible be inaccessible non-existent or unintelligible.
|
Identifier: | JB/056/154/001"JB/" can not be assigned to a declared number type with value 56. |
|||
|---|---|---|---|
|
1827-10-10 |
8-12 |
||
|
056 |
Procedure Code |
||
|
154 |
Procedure Code |
||
|
001 |
|||
|
Text sheet |
1 |
||
|
recto |
D2 / E2 |
||
|
J WHATMAN TURKEY MILL 1824 |
|||
|
Jonathan Blenman |
|||
|
1824 |
|||
|
18210 |
|||
