date

30 March 1805 Evidence Ch.
30 March 1805

Evidence

Ch. Engl. Summary

''.4. Arbitration

IV. Summary Procedure N o 4. Procedure before Arbitration.

This example /case/ is the more curious and the more valuable, inasmuch as it presents /takes its case in/ a Parliamentary recognition - a confession made by the legislature of the incongruity of the technical system:of that system which notwithstanding its incongruity it suffered to subsist. The protectors of the people rescued from the devourers /Harpies/ a part of their prey: but they wanted energy, or knew not how to recover the whole.
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    Description: 30 Jan y 1805

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     Ordo. Summary not like[?][...?] Regular? its excellence consisting in exception from its defects of the Regular.

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    The composition of these Courts - the number and quality of the Judges - are nothing /points altogether foreign/ to the present purpose. They will be considered in their place By defects in relation to these points, the institutions instead of being beneficial in the degree [...?] by experience, might be bad upon the whole, and the superior excellence of the System /mode/ of procedure pursued in them remain not the less [...?].

    The [...?] so conspicuous in the constitution of these courts in respect of the non-creation of that mass of factitious delay vexation and expence which is no more conducive to justice in one sort of court than in another is another feature, which important as it is belongs not to the present purpose.

    Of the arrangements observed /pursued/ in these Courts such alone belong to the present purpose /head/ as concern the reception and extraction of testimony.

    On this ground all that prodigious /monstrous/ mass of injustice which has been produced /had its origin /existence// by the sinister interests and prejudices of lawyers /men of law/ being excluded along with its authors /creators/ - all factitious /fictitious justice and/ injustice having been shut out, pure and natural justice, the offspring of common sense, takes place /its seat/ /chair/ of course. without effort, and as a matter of course.
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    Description: 6 May 1805

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  • Title: [31 Jan y 1805 Evidence Ch.]
    Description: 31 Jan y 1805

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    Such has become /is now/ the usual course as often as one addition has been made to the plan of action of summary procedure: which is little less than to say as often almost as any considerable addition has been made to the body o the laws. Arbitrary power /Tyranny/, instead of being promoted is concealed /covered up/: and by being covered up encouraged: The expedient would be as indefensible as in default of the only proper one it is become necessary, if regular /technical/ procedure were not a worse nuisance /evil/ than any of those incongruities which, if the /a/ curtain were not thus let down /drawn/ before its eyes, it would pretend to rectify.