058-412.xml

Title: [30 March 1805 Evidence Ch.]

Description: 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.

058-407.xml

Title: [31 Jan y 1805 Evidence Securities]

Description: 31 Jan y 1805

Evidence

Securities

Ch. Engl. Summary

''.2. Justices

''.2. Procedure before Justices of the Peace, out of General Sessions

Summary procedure. N o 2. Procedure before Justices of the peace, acting singly, or in the number of two or more, out of Sessions: - in causes in respect of which they profess definitive jurisdiction as well as preparative[?].

In the respect in question /to evidence/ this modification of summary procedure is nearly though not altogether upon a [...?] in point of perfection with the former. Nearly: because here justice not plunder by color[?] of justice having been the main object, the legislator acting, under the spur of public necessity /especially in pursuit of the ends of finance/, and by the light of common sense, without the advice and in despite of the resistance of his customary guides, has been himself the author. Nearly, not altogether: because here, it not having been practicable without still greater mischief to [.../] the business altogether form the cognizance of the man of law, the course of natural justice in this respect could not be preserved altogether from that disturbance /being distorted in some parts /here and there/ by scientific prejudice/, which it is sure to receive from technical prejudice

The principal disturbance however is of a sort which belongs not to the present head. It belongs to the head of Exclusion, and will be explained in detail in the book appropriated to that subject. It consists in the refusal to hear any man who knows any thing about the matter, upon any other terms /conditions/ than that of his acting without a motive.

058-404.xml

Title: [30 Jan y 1805 Evidence Ch.]

Description: 30 Jan y 1805

Evidence

Ch. Engl. Summary

''.1. Conscience

Ch. English Law. Summary Procedure.

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

''.1. Courts of conscience

1. Summary procedure. N o 1. Procedure as in the Courts of Conscience.

1. Conscience

2. [...?]

3. Martial Military

4. Martial Naval

5. Arbitration

6. Bankrupts

7. [...?] opposing.

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.