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21 April 1804
[...?] Mode
Summary
In perhaps every established system of adj...tive[?] law, a distinction /decision[?]/ glancing as the above, and presenting, upon the face of the appellations bestowed on the con[...?] branches, the appearance of an approach to it /obscure perception of it/, would I am inclined to think be found. You find it in the systems derived from the Roman Law in German Law for instance and in French[?]. You find it in the English. Regular procedure: summary procedure, these are the appellations employed: but upon the very face of this description /verbal covering/, symptoms may be discovered of the injustice that lurks beneath. It imparts[?] /[...?]/conveys the idea/ a contradiction a repugnancy between[?] the summary mode and the regular: as if there were a natural and necessary /universal/ incompatability between dispatch and regularity: between the avoidance of collateral injustice, and the disp...ation[?] /accomplishment/ of direct justice. If summary /If decided in a summary way, a cause/, it can not be accordence /decided/ to rule: if according to /decided/ rule, it can not be decided with dispatch.
Summary procedure /justice/ not according to /proceeding/ rule? what should hinder it? Is there one sort of cause more than another in which neither regulations nor instruction, are either necessary or conducive to the conferring the course of judication within /to/ the path of justice?
Judication proceeding according to rule not capable of being summary? what should hinder it? The cases - understand the individual cases - are indeed but too numerous, in which dispatch - the degree of dispatch capable of being given[?] in other cases without prejudice to justice - the direct justice of the case - could not be given, without the production of that capital[?][ inconvenience: but cases individual cases are not wanting in which the maximum of dispatch is favourable to the strictest justice. /the very course that would be indicated /prescribed/ by an attention, though it was an exclusive use, to the interests of direct justice.
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Title: [21 April 1804 Procedure. Evidence]Description: 21 April 1804 Procedure. Evidence Each (it may be said), has its advantages; each its disadvantages: each is conformable to justice. But in the regular mode, /it is to/ the interests of direct justice are most principally [...?] /that the greatest regard is paid/; in the summary, to the interests of that sort of justice which is opposed to collateral inconvenience and injustice. To a certain degree the two opposite contrasts are irreconcilable: in each instance the decision is made, as it ought to be made on that side which is attended with the smallest inconvenience, with the largest balance on the side of preponderant justice. Such may be the argument in favour of the established [...?] division and nomenclature. It might be confirmable /agree with the fact/ to the truth of the case if the cases [...?] in the mode called summary were the simple cases, as above described: if in this mode called regular no cases were determined but the cases above described under the name of complex, and the mode were adapted to /employed were in each individual instance the mode/ such cases. But the case determined in the mode called summary are cases of this and that sort - [...?] of this or that particular description: choruses[?] /demands/ of money[?] brought forward on this or that particular ground: cases determinable in this or that particular judgement-seat Court established for that purpose. The consequences - the practical ill consequences of the arrangement expressed by this nomenclature are accordingly such as have just been [...?] of: /brought to view[?]: in the procedure/ to the cases called summary, the benefit of such regulation as was claimed adequate have been /necessary to direct question/ deserved: or to cases in the procedure called regular, [...?] degree of dispatch as in the instances where the cases they have fallen under the above-mentioned description of simpler cases might have been given to them, has been refused.
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Title: [21 April 1804 Procedure. Evidence]Description: 21 April 1804 Procedure. Evidence The distinction between a cause capable of being dispatched by the single course of procedure, and a cause requiring a complex course of procedure, depends /turns/ not upon the general /characteristic/ [...?] of the cause, but upon circumstances purely collateral and accidental: and upon its belonging of a purely penal[?], purely non penal /distributive/, or compound nature: nor upon its belonging to this or that division or subdivision of any one of these three branches. Some sorts of causes are more apt to ferment[?] a demand for complex procedure than some others: but if there be any that are in their characteristic nature so complex as never in no instance to be capable of being divided consistently with justice in the course of a single hearing, there are not many[?] /is not one/ so simple as are to be capable upon occasion of prescribing an adequate demand for a course of procedure more or less complex. The distinction is an object of fundamental and cardinal importance: susceptible of being applied, and to an all comprehensive[?] extent, to legislative practice. Every system of adj...tive[?] law procedure which applies the same course of procedure without distraction to causes of both descriptions which consequently throws upon causes susceptible /capable/ of being determined in the recovering a determination, simple[?] summary course, the vexation, expense and delay attached to the complex mode /course/ of procedure, is prefigured[?] with so much collateral inconvenience - and which being upon the very face of it as then described, avoidable without prejudice to the direct justice of the case, becomes thereby /[...?] vent thereby to be/ so much collateral injustice.
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Title: [24 March 1805 Evidence Securities]Description: 24 March 1805 Evidence Securities Ch. Procedure Technical ''. Summary & Regular A distinction that coincides in some points with the above, is a distinction the terms of which are much more [...?] - viz: that between the summary /the summary and regular/ mode of procedure, and the regular But the terms /appellatives/ in question - natural and summary on the one hand, technical and regular on the other hand - want much of being interconvertible. Taken /[...?]/ in the aggregate, natural procedure as above described is beyond comparison more summary, more expeditiously dispatched than the regular. The former has of course /naturally/ the prevention of delay for its object, the latter as naturally for the reason already mentioned the production of this inconvenience. But in the nature of things it is not in the power of the natural procedure /system/ to be alike summary in all cases. Causes there are of which form a dozen to a score may be begun[?] and ended by the same Judge in the compass of the same day: and happily of a nature thus favourable to dispatch was a /the/ great majority of causes. But if at the commencement of the cause the [...?] of a necessary witness be at the antipodes, the time spent in /necessary to/ a voyage round the globe will be but a part of the span of time necessarily enclosed[?] /included/ between the non-measurement of the cause and the termination of it. In the 2 d and 3 d modifications as above described of the natural system of procedure, the impossibility of summary justice if by summary justice be understood the speedy termination of the cause results from the characteristic circumstances by which the necessity of demand for the correspondent deviations from the shortest and straitest course is produced. In this occasion as in all others, delay /lapse /consumption of/ of time/ is the natural and necessary result of local distance. But natural procedure arises if course arises in every case as being summary; and in proportion as it fails, the failure is the result not of this system considered in itself, much less of the system considered in contradistinction to the technical, but to causes exterior to both, and to each of them alike invincible.
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