JB/056/250/001

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1828 July 30
Judicial Establishment or Procedure Code

Preface.

Without punishment for Judge
would be mandated without his
unprofitable

suppose then they
1 Fear of punishment
more efficient than a
purpose
2 More efficient to prevent all this
administration
3 More efficient at the particular time and occasion

22
To render judicial field
fastest 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
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 subservient in any degree appreciative to what
under the existing system it had been
could not be made subservient.

24 24
From minutemen, yes;
by in small proportion
but writing was not
common enough.
nor could Judge pay
Clerks enough

Every thing being in
In this case whatever was done being
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 later years, by the application
of the art of short-hand writing this operation has
been rendered feasible : antecedently to that invention
the operation of minuting down the allegations
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 said

Identifier: | JB/056/250/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1828-07-20	Marginal Summary Numbering	22-24
Box	056	Main Headings	Procedure Code
Folio number	250	Info in main headings field	Judicial Establishment or Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C6 / F6
Penner		Watermarks	B&M 1828
Marginals	Jeremy Bentham	Paper Producer	Arthur Moore; Richard Doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	18306
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