JB/056/169/001

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1827. Octr.
Law Amendments

Propositions
§. Procedures
Proposed )( existing

Time lost by no limit

In civil cases positions
delay the same

Turn now to the sort of cases called civil: feckless delay the
same in this case as in that other. Were time ever so abundant, to the
degree which has been seen the existing system would be ill adapted
to its professed purpose. But scarcely in any instance is there has time
time sufficient for eliciting the evidence — such inadequate and deceptive
evidence as the state of the system in those other respects allows
to be furnished: for a process for which in the case of a single suit to the preference of it
in a manner conducive to justice a length of time in which there is no
assignable limit would not be more than sufficient, no more than a
limited length of time and that in as now
more than three days is allotted to the whole number whatsoever
it may be of suits in which decree is professed to
be given: and even of that small a portion more or less
considerable is expended extended in useless formalities such as the
swearing in of the Jury and the useless words delivered by a
Counsel in what is called opening the cause.. What is the consequence.
Of the most frequently waste of the suits case thus dealt with
part are thus bad then badly other part not at all

Suits brought to the
assizes under the full knowledge
that they cannot
be tried there. Consequently
referred to arbitration a
Judicatory possessed with
less means of judging & whose
interest it is to encrease
delay vexation & expence

Of the suits thus carried to the assize judicatory under
the notion of their being tried, a proportion, no one can say
how large — are carried then dealt thither under the full knowledge that
to any of not the whole number of lawyers of all sorts on both
sides of the impossibility of their being tried. What is the consequence
the impossibility is stated and there being no other recourse
the suit is consigned to arbitration to arbitration that is to say
to a set of occasional Judges whose means of obtaining adequate evidence
is are still more inadequate than those possessed as above by the regular
Judges, and who being paid by the day are paid in such
manner as renders it their interest to giving to them at the same time
the faculty of doing it without reproach to raise to its maximum
the burthen of delay vexation and expence

Identifier: | JB/056/169/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-10-17	Marginal Summary Numbering	Not numbered
Box	056	Main Headings	Law Amendment
Folio number	169	Info in main headings field	Law Amendments
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C3
Penner		Watermarks	BROCKLESBY & MORBEY 1827
Marginals	George Bentham	Paper Producer	Edmund Henry Barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	18225
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