The Online Library of Liberty

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• Errata—vol. III.
• Defence of Usury; Showing the Impolicy of the Present Legal Restraints On the Terms of Pecuniary Bargains; In Letters to a Friend.
• Letter I.: Introduction.
• Letter II.: Reasons For Restraint—prevention of Usury.
• Letter III.: Reasons For Restraint—prevention of Prodigality.
• Letter IV.: Reasons For Restraint—protection of Indigence.
• Letter V.: Reasons For Restraint—protection of Simplicity.
• Letter VI.: Mischiefs of the Anti-usurious Laws.
• Letter VII.: Efficacy of Anti-usurious Laws.
• Letter VIII.: Virtual Usury Allowed.
• Letter IX.: Blackstone Considered.
• Letter X.: Grounds of the Prejudices Against Usury.
• Letter XI.: Compound Interest.
• Letter XII.: Maintenance and Champerty.
• Letter XIII.: To Dr. Smith, On Projects In Arts, &c.
• A Manual of Political Economy: Now First Edited From the Mss. of Jeremy Bentham.
• Chapter I.: Introduction. *
• Chapter II.: Analytical Survey of the Field of Political Economy.
• Chapter III.: Of Wealth.
• Chapter IV.: Of Population.
• Chapter V.: Of Finance.
• Chapter VI.: Operation of a Sinking Fund On the Production of Wealth.
• Chapter VII.: Noscenda.
• Observations On the Restrictive and Prohibitory Commercial System; Especially With a Reference to the Decree of the Spanish Cortes of July 1820.
• Preface.: Observations, &c.
• Section I.: Nature of the Prohibitory System.
• Section II.: Mischiefs of the Prohibitory System.
• Section III.: Causes of the Prohibitory System.
• A Plan For Saving All Trouble and Expense In the Transfer of Stock, and For Enabling the Proprietors to Receive Their Dividends Without Powers of Attorney, Or Attendance At the Bank of England, By the Conversion of Stock Into Note Annuities.
• Introduction.
• Chapter I.: Plan For the Creation, Emission, Payment, and Eventual Extension, of a Proposed New Species of Government Paper, Under the Name of Annuity Notes.
• Chapter II.: Form of an Annuity Note. (see Table II.)
• Chapter III.: Comparison of the Proposed, With the Existing Government Securities, &c.
• Chapter IV.: Grounds of Expectation, In Regard to the Proposed Measure.
• Chapter V.: Financial Advantages.
• Chapter VI.: Advantage By Addition to National Capital.
• Chapter VII.: Advantage By Addition to Commercial Security.
• Chapter VIII.: Particular Interests Concerned.
• Chapter IX.: Rise of Prices—how to Obviate.
• Chapter X.: Reduction of Interest—proposed Mode Compared With Mr. Pelham’s.
• Chapter XI.: Moral Advantages.
• Chapter XII.: Constitutional Advantages.
• Chapter XIII.: Recapitulation and Conclusion.
• Appendix A.: Government Ought to Have the Monopoly of Paper Money, As Well As of Metallic Money.
• Appendix B.: Paper Money—causes Why Not Circulated By Government Without Interest, As Well As By Individuals.
• General View of a Complete Code of Laws.
• Chapter I.: General Division.
• Chapter II.: Relations Between the Laws Concerning Offences, Rights, Obligations, and Services.
• Chapter III.: Relation Between the Penal and Civil Code.
• Chapter IV.: Of Method.
• Chapter V.: Plan of the Penal Code.
• Chapter VI.: Of the Division of Offences.
• Chapter VIII. Titles of the Penal Code.
• Chapter IX.: First General Title of the Civil Code, * of Things.
• Chapter X.: Second General Title of the Civil Code. of Places.
• Chapter XI.: Third General Title of the Civil Code. of Times.
• Chapter XII.: Fourth General Title of the Civil Code. of Services.
• Chapter XIII.: Fifth General Title of the Civil Code. of Obligations.
• Chapter XIV.: Sixth General Title of the Civil Code. of Rights.
• Chapter XV.: Seventh General Title of the Civil Code. of Collative and Ablative Events.
• Chapter XVI.: Eighth General Title of the Civil Code. of Contracts.
• Chapter XVII.: Ninth General Title of the Civil Code. of the Domestic and Civil States.
• Chapter XVIII.: Tenth General Title of the Civil Code. of Persons Capable of Acquiring and of Contracting.
• Chapter XIX.: Of the Particular Titles of the Civil Code.
• Chapter XX.: Of Elementary Political Powers.
• Chapter XXI.: Of Elementary Political Powers— Subject Continued.
• Chapter XXII.: Plan of the Political Code.
• Chapter XXIII.: Plan of the International Code.
• Chapter XXIV.: Plan of the Maritime Code.
• Chapter XXV.: Plan of the Military Code.
• Chapter XXVI.: Plan of the Ecclesiastical Code.
• Chapter XXVII.: Plan of Remuneratory Laws.
• Chapter XXVIII.: Of Political Economy.
• Chapter XXIX.: Plan of the Financial Code.
• Chapter XXX.: Plan of Procedure Code.
• Chapter XXXI.: Of the Integrality of the Code of Laws.
• Chapter XXXII.: Of Purity In the Composition of a Code of Laws.
• Chapter XXXIII.: Of the Style of the Laws.
• Chapter XXXIV.: Of the Interpretation, Conservation, and Improvement of a Code.
• Pannomial Fragments.
• Chapter I.: General Observations.
• Chapter II.: Consideranda.
• Chapter III.: Expositions.
• Chapter IV.: Axioms.
• Nomography; Or the Art of Inditing Laws: Now First Published From the Mss. of Jeremy Bentham.
• Chapter I.: The Subject Stated.
• Chapter II.: Relations.
• Chapter III.: Proper End In View.
• Chapter IV.: Imperfections Primary.
• Chapter V.: Explanations Relative to the Imperfections of the Second Order.
• Chapter VI.: Of Remedies. *
• Chapter VII.: Of Language.
• Chapter VIII.: Of the Perfections of Which the Legislative Style Is Susceptible.
• Chapter IX.: Of Forms of Enactment.
• Appendix. Logical Arrangements, Or Instruments of Invention and Discovery
• Equity Dispatch Court Proposal; Containing a Plan For the Speedy and Unexpensive Termination of the Suits Now Depending In Equity Courts. With the Form of a Petition, and Some Account of a Proposed Bill For That Purpose
• Section I.: Purpose Explained. Jeremy Bentham to the Honest and Afflicted Among Equity Suitors.
• Section II.: Equity Suitors’ Petition For Dispatch Court. to the King’s Most Excellent Majesty, —
• Section III.: Dispatch Court Bill—some Account of It.
• Section IV.: Information Requisite From Petitioning Suitors.
• Equity Dispatch Court Bill: Being a Bill For the Institution of an Experimental Judicatory Under the Name of the Court of Dispatch, For Exemplifying In Practice the Manner In Which the Proposed Summary May Be Substituted to the So Called Regular Sy
• Editor’s Note.
• Preface.
• Preamble.
• Part I.—: Judiciary.
• Section I.: Judge Located, How.
• Section II.: Remuneration.
• Section III.: Registrar, &c.
• Section IV.: Eleemosynary Advocate.
• Section V.: Judges’, &c. Deputes.
• Section VI.: Judge’s Powers—exemptions—checks.
• Section VII.: Prehensors and Messengers.
• Section VIII.: Consignees; * Or Say, In-trust-holders.
• Section IX.: Grounds of Decision For the Dispatch Court Judge.
• Section X. ‡: Suits’ Comparative Suitableness; and Order of Cognizance.
• Section XI.: Auxiliary Judges and Accountants.
• Section XII.: Sittings, Times Of.
• Part II.—: Procedure.
• Section XIII.: Definitions. *
• Section XIV.: Examination of Solicitors.
• Section XV.: Initiatory Examination of Parties, &c.
• Section XVI.: Appropriate Intercourse, Constant and Universal, Secured.
• Section XVII.: Mutual Security For Forthcomingness of Persons and Things. ‡
• Section XVIII.: Evidence-procuring Money, How Provided.
• Section XIX.: Subsequential Evidence, How Elicited.
• Section XX.: Execution, How Performed.
• Section XXI.: Equity Court Costs, How Disposed Of.
• Section XXII.: Dispatch Court Costs, How Disposed Of.
• Section XXIII.: Eventual Retrotransference of a Suit to the Equity Court.
• Section XXIV.: Expense of the Court, How Provided For.
• Supplemental Sections:—
• Section I. Or XXV.: Bankruptcy and Insolvency.
• Section II. Or XXVI.: Henceforward Dispatch Court.
• Schedules to the Bill.
• Plan of Parliamentary Reform, In the Form of a Catechism, With Reasons For Each Article: With an Introduction, Showing the Necessity of Radical, and the Inadequacy of Moderate, Reform.
• Introduction.
• Section I.: History of the Ensuing Tract—alarming State of the Country and the Constitution.
• Section II.: Most Prominent Present Grievance, Gareisoning France.
• Section III.: Causes of the Above and All Other Mischiefs:—particular Interests Monarchical and Aristocratical, Adverse to the Universal—their Ascendency.
• Section IV.: Sole Remedy In Principle—democratic Ascendency.
• Section V.: Remedy In Detail: Radical Parliamentary Reform: Elementary Arrangements In This Edition of It—their Necessity.
• Section VI.: Differences Between This and the Original Editions of Radical Reform.
• Section VII.: Virtual Universality of Suffrage Further Considered.
• Section VIII.: Virtual Universality of Suffrage—its Undangerousness.
• Section IX.: Freedom of Suffrage Further Explained—seductive Influence—its Forms, Instruments, &c.
• Section X.: Bribery and Terrorism Compared.
• Section XI.: Purchase of Seats—in What Cases Mischievous—in What Beneficial.
• Section XII.: Secresy of Suffrage—its Importance Further Developed.
• Section XIII.: Exclusion of Placemen, &c. From the Right of Voting—mischievousness and Profligacy of the Opposite Arrangement.
• Section XIV.: Universal Constancy of Attendance—its Importance.
• Section XV.: Representatives—impermanence of Their Situation—its Importance:—objections—their Groundlessness.
• Section XVI.: Moderate Reform—its Arrangements—their Inadequacy.
• Section XVII.: Trienniality Inadequate;—annuality Necessary.
• Section XVIII.: Interests Adverse to Adequate Reform—support Given By Them to Moderate, to the Exclusion of Radical: Tories—whigs—people’s Men.
• Catechism of Parliamentary Reform; Or, Outline of a Plan of Parliamentary Reform; In the Form of Question and Answer; With Reasons to Each Article.
• Section I.: Ends to Be Aimed At On the Occasion of Parliamentary Reform.
• Section II.: Means, Conducive Towards These Ends.
• Section III.: Means—their Uses, With Reference to Their Respective Ends.
• Section IV.: Means Conducive to Aptitude In Members: I. Placemen Not to Vote, Nor to Be Seated By Election.
• Section V.: Means, &c. Continued.—ii. Placemen Seated By the King, With Speech and Motion, Without Vote.
• Section VI.: Means, &c. Continued.—iii. Elections Frequent—annual.
• Section VII.: Means, &c. Continued.—iv. Speeches Authentically and Promptly Published.
• Section VIII.: Means, &c. Continued.—v. Attendance, Punctual and General, Secured.
• Section IX.: Inconveniences Incident to Elections, and Election Judicature.
• Section X.: Election Inconveniences—means For Their Removal.
• Section XI.: Collateral Advantages, Referable to the Situations of Electors, Placemen, Lords, &c.
• A Sketch of the Various Proposals For a Constitutional Reform In the Representation of the People, Introduced Into the Parliament of Great Britain, From 1770 to 1812.
• Radical Reform Bill, With Extracts From the Reasons.
• Preliminary Explanations.
• Title of the Proposed Act.
• Preamble.
• Section 1.—: Seats and Districts.
• Section 2.—: Electors, Who.
• Section 3.—: Eligible, Who.
• Section 4.—: Election Offices.
• Section 5.: Election Apparatus.
• Section 6.—: Promulgation of Recommendations In Favour of Proposed Members.
• Section 7.—: Voters’ Titles Pre-established.
• Section 8.—: Election, How.
• Section 9.: Election Districts and Polling Districts, How Marked Out.
• Section 10.—: Vote-making Habitations, How Defined.
• Section 11.—: Members’ Continuance.
• Section 12.—: Vacancies Supplied.
• Section 13.—: Security For the House Against Disturbance By Members. †
• Section 14.—: Indisposition of Speakers Obviated.
• Appendix, Including General Explanations.
• Radicalism Not Dangerous. Extracted From the Mss. of Jeremy Bentham. *
• Part I.—: Introduction.
• Section I.: Radical Reform Bill Recapitulated.
• Section II.: Persuasion of the Dangerousness of Radicalism—cause of It, and of the Vituperative Expression Given to It.
• Section III.: Terms of the Accusation,—speeches From the Throne, 16 Th July and 21 St November 1819.
• Section IV.: The Accusation In General Terms—counter-averment.
• Section V.: Plan of This Defence.
• Part II.—: Deference From the General Nature of the Case.
• Section I.: Conditions Necessary to a Man’s Embarking In Such a Design.
• Section VII.: Concurrence In Any Other Extensive Plan of Spoliation Impossible.
• Section VIII.: Concurrence of Any Constituted Authorities Impossible.
• Section IX.: Accomplishment Impossible—design Impossible.
• Section X.: The Talked-of Spunge No Proof of the Design.
• Part III.—: Defence From Experience In the Case of the United States.
• Part IV.: Defence From Particular Experience In the Case of Ireland: Years 1777 Or 1778, to 1783.
• Section I.: Analogy Between This and the Previous Case.
• Section II.: Democratic Ascendency, How Produced.
• Section III.: Fruit of Democratic Ascendency a Golden Age.
• Section IV.: Coincidence of Its Characters With Those of Radicalism.
• Section VI.: Extinction of Democratic Ascendency and Reform—restoration of Monarchico-aristocratical Ascendency, and Its Consequences.
• Conclusion.

SECTION X.‡

SUITS’ COMPARATIVE SUITABLENESS; AND ORDER OF COGNIZANCE.

Instructional.

Art. 1. Of the Dispatch Court the institution has in view two purposes:—1. Main purpose, introductorily to the establishment of a proposed all-comprehensive system of judicial procedure, having for its object the minimization of delay, expense, vexation, misdecision, and denial of justice, together with the correspondently-comprehensive judiciary establishment necessary to the application of it;—the affording, without the expense which would be necessitated by the establishment of the system in the first instance, an experimental proof of the conduciveness of the procedure system to such its beneficent end.—2. Collateral purpose;—by means of this experiment, affording relief to a number as large as conveniently may be, of the persons labouring under the pressure of those same evils, in a species of judicatory the procedure of which is pregnant with them in the most signal abundance.

Instructional.—Expositive.

Art. 2. Subjects of consideration on this occasion, these:—

i. From what Court or Courts suits shall be transferred to the Dispatch Court.

ii. From such Court or Courts, what shall be the suits so transferred.

iii. The suits so transferred, what shall be the order in which cognizance shall be taken of them by the Dispatch Court Judge.

Enactive.—Expositive.

Art. 3. As to the Court or Courts:—From the High Court of Chancery alone shall suits be transferred to the Dispatch Court;—from the High Court of Chancery, including the Vice-Chancellor’s Court, and the Master of the Rolls’ Court.

Ratiocinative.

Art. 4. Not from the Equity side of the Court of Exchequer. For if of suits more than one, hearing takes place, they cannot any two of them be heard at the same moment: and if not heard at the same moment, they must be heard in some order one after another: and if so heard one after another, a determination as to what shall be the order in which they are to be heard, must be made beforehand. If from one Court alone they are received, a predetermination in this sort is capable of being made; but if it were from Courts more than one that they were designed to be received, no such determination does the nature of the case admit of.

Enactive.

Art. 5. The Dispatch Court Judge will not, in any stage of the proceedings, take in hand any suit which has been instituted by a Commission of Bankruptcy.

Ratiocinative.

Art. 5*. Why not? Answer.—Reason: So great may be the quantity of business to be done in a single suit, that it might fill up the time of the Judge to such a degree as to keep back for and during an indefinite length of time Equity Court suits in indefinite number.

Enactive.

Art. 6. A Petition, which in the case of a suit commenced by a Commission of Bankruptcy, is in present practice presented to the Lord Chancellor, will accordingly be addressed to the Lord Chancellor, and not to the Dispatch Court Judge.

Enactive.

Art. 7. The Dispatch Court Judge will not, in any stage of the suit, take in hand any proceeding which has been commenced in the Insolvency Court.

Ratiocinative.

Art. 7. Reason: The same as in the case of a proceeding commenced by a Commission of Bankruptcy.

Enactive.

Art. 8. Exception excepted, every proceeding, the commencement of which has taken place, either by a Commission of Bankruptcy, or in an Insolvency Court, will be carried on in the same Courts respectively as at present, anything in this present Act notwithstanding.

Enactive.

Art. 9. Exception is where, for giving execution and effect in a suit which, having taken its commencement in the Equity Court, has been transferred into the Dispatch Court, it is necessary that by the Dispatch Court exercise should be given to powers operating on subject-matters on which those same Courts have either of them begun to operate.

Exemplificative.

Art. 10. Of these powers, examples are the following:—

i. Power of prehending and disposing of property which at the time of the transference was in the hands of either of those same Courts.

ii. Power of prehending and putting to use any written source of evidence, which at that time was or has since come to be in the possession of either of those same Courts.

Enactive.

Art. 11. For giving execution and effect to the above-mentioned powers, the powers exercisable by the Dispatch Court, in relation to persons and things belonging to the above-mentioned Courts, are the same as those exercisable over and in relation to persons and things belonging to the Equity Courts, as per Section VI. Judge’s Powers.*

Enactive.—Instructional.

Art. 12. In manner following will the suits transferred, and the order in which cognizance is taken of them, be determined:—

i. Issued will be, on the [NA] day of [NA] next, his Majesty’s Commission, by which appointment will be made of the Dispatch Court Judge.

ii. So soon as he has received his Commission, the Dispatch Court Judge will issue his mandates, addressed to the needful officers of the several Equity Courts, requiring them forthwith to make returns comprising the information following:—namely,

• 1. Names of the several suits, the first proceedings of which bear date in any part of the several years from the year of our Lord 1810 to the present year, both inclusive.
• 2. In a column headed by the word concluded, as to such in relation to which it can be ascertained that they have been concluded, information of the day on which such conclusion took place; and in a third column, the species of document by which it appears that the same took place; and in a fourth column, the names of the last proceedings that have been had in those in relation to which it does not appear that the conclusion thereof has taken place.
• 3. Name of the species of suit, in so far as the same can be ascertained.
• 4. Names and official residences of the several town solicitors on the plaintiff’s side in the several suits.

Ratiocinative.

Art. 12*. As the Bill cannot pass without the approbation of both Houses, one or other House might be depended upon for the spontaneous procurement of the just-mentioned information. But as it may happen that, with reference to the purpose for which it is hereby required, the information so obtained may fall more or less short of being complete,—hence the necessity of a provision to this effect for the supply of it: the rather, as the demand for it will be more constantly and assuredly under the eye of the Dispatch Court Judge, than under that of either House of Parliament: and may arise at times at which those same Houses respectively are not sitting.†

Enactive.

Art. 13.—iii. Into the Dispatch Court will be transferred, in the first place, all suits which will have taken their commencement within [twenty] years, reckoning back from the day on which his Majesty’s Commission to the Dispatch Court Judge is issued.

Art. 14.—iv. On that same day, by an advertisement in the London Gazette, a day will be appointed before which all suits, if any such there be, the commencement of which took place at a date anterior to those same [twenty] years, shall be so transferred. Name of these suits, the superannuated suits. Name of the before-mentioned suits, the primarily-appointed, or say non-superannuated suits.

Art. 15.—v. The two classes of suits,—primarily-appointed and superannuated, or say subsequentially appointed,—being added together in one list, the order in which the total number of them shall come in for cognizance will be determined. Name of the just-mentioned list, the total, or say the aggregate list of the so-transferred suits.

Ratiocinative.

Art. 15*. Why these suits alone,—not all such as are in pendency?—Answer: Some sorts of suits there are, in relation to which it is not possible to say for and during what length of time they may have been in pendency: in which case, no year later than the first of the proceedings of which any record of the Court is extant, could be pitched upon as that in which commencement shall be given to the series. Here then would be, in vast proportion to the useful, a quantity of useless matter, in the supplying of which a correspondent quantity of time and labour would have to be consumed.

Enactive.

Art. 16. As to the order in which by the Dispatch Court Judge cognizance shall be taken of the suits transferred to it from the Equity Courts, if it be not determined, as per art.—,* by the order in which Dispatch-Court-praying petitions are received, it will be determined by lot.

Ratiocinative.

Art. 16. Question: Why by lot? Answer: For the reasons following:—

i. Of the suits included in the above-mentioned period, the number will be a determinate one. But unless, and until the number of those to which anterior points of time gave commencement is also a determinate one, the total number of those to which admission to the Dispatch Court is to be given, will remain undetermined.

ii. Even supposing this total number in any way determined, still the order in which cognizance is to be taken of them will remain undetermined. For, though by the official books the day on which each suit took its commencement would be indicated, still by this circumstance the order of cognizance will not be determined. For, though the order of the days in the year is a determinate one, still as between the suits that took their commencement all of them on the same day, of the order in which they did so, no indication will by this means be afforded; nor in the nature of the case can be afforded by any other means than lot.

iii. Lot will thus far be employed of necessity: longevity, the ordinary and thence the most obvious one, is by the uncertainty of the influx of suits of anterior date prevented from being employed throughout; nor, on consideration, will any decisive reason, it is believed, be found why it is desirable that it should be.

iv. It may be thought that the quantity of the suffering from the non-termination of the suit is the proper standard by reference to which precedence should be settled. But upon closer consideration it will be found, that from no possible data, singly or collectively taken, is this quantity ascertainable.—1. Value of the subject-matter in contestation; 2. Expense of the suit; 3. Longevity of the suit;—not from any one of these circumstances, nor from all of them together. Of every one of these circumstances, not to the absolute quantity is that of the suffering proportionable, but to the relative;—relation had to the individual’s pecuniary circumstances: and thence, in the case of each individual, different, not to speak of the universally unascertainable quantity of individual sensibility.

1. In cases to a great extent, the value of the subject-matter of contestation will not, even at the termination of the suit, have been ascertainable: as, for instance, all those in which the suit has for its object the applying to wrong the preventive remedy.

2. As to the expense of the suit,—it is composed partly of the money already at the then present time disbursed, partly of that remaining about to be disbursed:—a quantity, of which in most cases the ascertainment would be impossible.

3. As to the longevity,—it is composed partly of the past duration, partly of the eventually future duration; that is to say, of that which in the case of non-transference would take place; and unascertainable would be, not only in most cases the eventually future, but even in many instances the past:—namely, by reason of the impossibility of ascertaining the day or time of commencement, without going back to such a number of years as would render the delay productive of burthen to an amount preponderant over the benefit.*

Enactive.—Instructional.

Art. 17. Mode which, for determining the order of priority as between suit and suit among suits of the same class, will on the present occasion be employed,—mode of proceeding by which choice is excluded, and to all eyes shown to be so,—this. Square tickets of card paper,—all of them of exactly the same form and size,—one for each suit, being provided, and on each of them the name of a different suit, under the care of the Registrar, inscribed,—a square box or other receptacle, deep and wide enough to receive a human arm is provided:—Name of a ticket of this sort, a priority-indicating ticket, or for shortness, a priority ticket:—and into this receptacle, in open court, by the Registrar, in the sight of all present, these tickets are successively dropped. This done, upon this same receptacle, a cover, composed of a piece of cloth, with a slit in it, being temporarily fastened, and the receptacle with such its contents sufficiently shaken, the tickets are successively drawn out one by one; and, in the order of their succession copied upon a sheet of paper prepared for that purpose:—arm thus employed (suppose) that of a child too young to be susceptible of instruction for a sinister purpose.

Enactive.—Expositive.

Art. 18. Of the several superannuated suits, such if any as remain untransferred, and thence not included in the above mentioned lottery, will be removed into the Court of Exchequer for continuance and termination in manner hereinafter mentioned.

Art. 19. Provided always, that any such untransferred superannuated suit, instead of being so removed into the Exchequer Court, may, on condition that for the purpose of decision cognizance shall not be taken of it till after those in relation to which the order of precedence has been so determined as aforesaid, be transferred to the Dispatch Court; and for effecting such transference, a petition to the Dispatch Court Judge from any one of the plaintiffs, if more than one, will suffice. Name of such petition, a Transference Petition. Form of it as per Schedule No. XX.

Art. 20. As to suits which being to be commenced at a time subsequential to such transference, would otherwise have been brought before the Court of Chancery,—during the continuance of the Dispatch Court they will be brought before the Court of Exchequer.

Art. 21. Provided always, that should it have pleased his Majesty to appoint another Judge for the cognizance of such subsequential Equity suits, they will, instead of being brought before the Court of Exchequer, be brought before such subsequentially-appointed Dispatch Court Judge: and for the appointment of such supplemental Judge, he proceeding in the same manner as the originally-appointed Dispatch Court Judge, power to his Majesty is hereby given.

Enactive.—Expositive.

Art. 22. Neither from the originally-instituted Dispatch Court,—nor from the subsequentially-instituted Dispatch Court, should any such be instituted,—is any appeal appointed. Should it appear to any member of either House of Parliament, that the decision pronounced by the Judge of either Court is not according to justice, he will be at liberty to move for leave to bring in a Bill for the establishment of a different rule for the time to come.

Art. 23. Provided always, that for corruption, oppression, extortion, and wilful, or say malâ fide misdecision, the Dispatch Court Judge may, by his Majesty’s Attorney, be prosecuted by ex officio information in the Court of King’s Bench: and in case of conviction of such wilful misdecision, the decree shall be reversed, and another decree substituted by the successor of the so-convicted Judge. See Section VI., Judge’s Powers, art. 100.

Art. 24. Should it appear, that by the two aforesaid Judges, decrees have been made from which two conflicting rules are likely to be deduced, remedy will be applied by act of Parliament, in the same manner as by art. 15.

Ratiocinative.

Art. 25. From the non-institution of appeal, or say the substitution of an appeal in this mode for appeal to the House of Lords, no preponderant inconvenience will on any just ground be apprehendible. By the institution of appeal to the House of Lords, the disease, in respect of the delay and expense (not to speak of danger of misdecision,) would be continued in a great part of its force. So would it if sent to the existing Court of Exchequer Chamber, composed of eight Judges, or the Court composed of the twelve Judges: besides that in either of these cases it would have to be decided upon the only principles with which they are acquainted, and to which they are naturally attached—principles adverse to that of this Act.

[‡ ]1. When Section the first was sent to the press,a the expectation entertained was, that for the purpose of participating in the hereby-promised benefit,—namely, the substitution of a system in which delay and expense are minimized, to one in which those evils are maximized,—suitors in sufficient numbers would join in a Petition to the King for that purpose, and that to them, upon the principle on which arbitration is sanctioned by law, the choice of the Dispatch Court Judge might be committed. Such was the expectation entertained and proceeded upon at the time when the matter of that first section was sent to the press; and so it continued to be, till not only the matter originally destined for this section had been written, but matter also for the whole remainder of the Bill.

2. For the purpose of trying the experiment, a tract moreover was published, intituled “Equity Dispatch Court Proposal; containing a Plan for the speedy and unexpensive termination of the suits now depending in Equity Courts;—with the form of a Petition, and some account of a proposed Bill for that purpose.”a But before the present section had been sent to the press, it had become but too certain that the experiment had failed—so far at least as regarded the trial of it proposed in that tract to be made.

3. Not only the matter of that publication, including a detailed account of the matter proposed for the present Bill, but the principal part of it in terminis, including the whole of the matter down to the present section, with the exception of some subsequently-made and not-as-yet-communicated amendments, had received, not only from amply competent judges, but from men high in professional eminence, the most unreserved approbation.

4. But, on the part of suitors, such was the terror of what might befal them from the resentment of the lawyers, official and professional, belonging to the Courts in question, that by the invitation given in the above-named tract, from no more than two suitors, one from each of two suits, was any application produced: and in both these instances this obstacle had been removed, the persons in question being in a state of actual hostility with the Court, in the hands of which they had been undergoing a course of depredation and oppression for a multitude of years. That it was in this terror that the failure had its cause, is matter not merely of inference, but also of experience: for, in various instances, by the above-mentioned approvers, endeavours were employed to persuade suitors to join in the proposed petition; and notwithstanding the just estimation in which the opinion of the givers of the advice was held by the receivers of it, still the terror was so great as to prevent them from taking the course recommended by it.

5. By this failure, however, neither had the demand for the remedy to the grievance in question been shown to be less urgent, nor any ground afforded for diminishing the confidence in the here-proposed remedy. On the contrary, the perception and acknowledgment of the inaptitude and utter depravity of the existing judicial establishment and procedure have been increasing daily in intensity and extent.

6. Moreover, the plan for the accomplishment of which a bill had been brought into the House of Commons, on the motion of the learned member who has since been elevated to the situation of head of the law, and subsequently pursued by the announcement of a bill for the same purpose, with the necessary amendments, as being about to be moved for in the House of Lords, has been declared to be dropped.

7. Under these circumstances, how much soever the encouragement to perseverance was weakened, the inducements in other respects remained; and with even augmented force.

8. As to the machinery here visible, the only part which, by the abandonment of what regards the proposed Petition is rendered needless and thence unserviceable, is the matter of Section I. Judge located, how; and a portion, more or less considerable, of Section VI. Judge’s Powers.

9. But though, with reference to the purpose of the present Act, this is rendered unserviceable, to other purposes of still more extensive importance it will, it is hoped, be seen to be in no inconsiderable degree applicable and serviceable: in particular, that portion the matter of which bears reference to the subject-matter of the Penal Code.

[* ]See further as to Bankruptcy and Insolvency, Supplemental Section I. or XXV.—Ed.

[† ]1. Notwithstanding the above provision for the taking of this same information, a Committee of the House of Commons would be not less competent: and by this additional engine, addition might be made to the extent of the information obtainable by the Dispatch Court, as well as the assurance of the completeness of it.

2. Saving might moreover be made in the article of expense: namely, that which would be necessitated by the elicitation of the information from the several Courts, if performed by the Dispatch Court Judge.

3. By orders to one or more of the Equity Court offices, from which returns have of late years been presented, might be obtained the days of commencement, as above, of the suits commenced in the several years: also the names of the Town Solicitors on both sides; or at any rate (what would be sufficient), on the plaintiff’s sides.

4. Of the several proceedings had, down to the then present time—proceedings, that is to say, operations performed, and written instruments issued from and received into the several offices, information would be afforded by the several solicitors (as per Section XIV. Examination of Solicitors:) and thereby of the Committee’s time a correspondent quantity, which would otherwise have to be expended in the oral examination of those same solicitors, saved.

5. If, for any particular purpose,—such as the bringing to view the cause of the longevity of the suit,—the committee should see reason, it would then rest with them to convene the solicitor or solicitors; and, by word of mouth, elicit the appropriate information.

6. Such is the advance which, towards the end in view, is capable of being made by the House of Commons without the concurrence of the House of Lords; and thence, clear of the danger of non-concurrence, as well as of that retardation which, to an indefinite extent, would even in the case of concurrence be inevitable.

[* ]See the note at the beginning of this section, and its relation to this article. The article referred to was afterwards omitted by the author,—Ed.

[* ]Lot.] Apparent objections which present themselves to be obviated, with answers to them, are the following:—

1. Severe the loss, thence proportionable the reluctance, on the part of professional men, all of them, to the furnishing of the information required: the lottery, in proportion as to clients it is an advantageous course, being to lawyers a disadvantageous one.

2. From the disclosure made of the quantity of the business respectively possessed, more or less considerable the suffering.

3. Considerable the difficulty of surmounting this same reluctance, in such sort as to secure the fulfilment of the obligation.

4. Considerable the delay and expense necessary to the causing the orders issued for this purpose to be made known to all the several individuals from whom the information would in this manner be endeavoured to be obtained.

5. Considerable would be the difficulty of ascertaining the fact of the knowledge, for the purpose of applying punishment in case of disobedience.

6. As to the hardship to individuals from the benefit to the community, matter of just regret as it would be in this as in all other cases, it not only ought not to be regarded as constituting a peremptory objection to the eliciting this necessary information, but is not so in legislative practice. Witness, for example, the returns so repeatedly ordered and made of the numbers of the stamps issued out to the several newspaper editors.

7. As to the hardship of the disclosure, and thence the reluctance, it would not however be so great as on a first glance it might be expected to be. From a man’s having little or no business in Equity suits, it would not follow but that he had business to any amount in Common-Law suits.

8. As to the delay and expense of the requisite notification, great indeed would it be were it necessary to give a separate notice to every person on whom the call for the information has need to be made,—namely, the several solicitors residing in or in the near neighbourhood of the metropolis. But situated and circumstanced as they are, one common notice would serve for all as effectually as a separate notice to each. The measure being of course the subject of universal conversation as well as interest during the progress of the Bill, abundant and effectual would be the notice received by every one of them long before the passing of it.

9. By every one who has had any acquaintance with the proceedings in the Courts of Chancery, were it only from the newspapers, it must have been seen in what enormous quantities competition for priority, with correspondent altercation, has in the highest of the three Courts habitually had place. Of complaints of the grievance, no want of length or loudness in that place need be feared; the longer the complaint of the delay continues, the more of it is produced,—expense on the one part, profit on the other, proportionable. The complaint of the fat man in the crowd stands immortalized by the poet’s epigram. Like unto it are the complaints of delay made on an occasion of this sort by learned gentlemen.

10. In one instance, under the Lord High Chancellor’s jurisdiction, the principle which, in the character of a source of decision on the question of precedence, prescribes chance to the exclusion of choice, is actually applied to practice. This is, where for a Commission of Bankruptcy, in different cases, in numbers more or less considerable, by the respective solicitors, application at the appropriate office is made at the same time.

11. For reasons why, in cases similar to this, existence is capable of being with greater benefit to justice given to chance, or the lot-employing principle, rather than to choice, with examples of such similar cases, see Constitutional Code, Chap. IX. Ministers collectively; §16, Located, how; Articles 67 or 8 to 77 or 18.

[‡ ]1. When Section the first was sent to the press,a the expectation entertained was, that for the purpose of participating in the hereby-promised benefit,—namely, the substitution of a system in which delay and expense are minimized, to one in which those evils are maximized,—suitors in sufficient numbers would join in a Petition to the King for that purpose, and that to them, upon the principle on which arbitration is sanctioned by law, the choice of the Dispatch Court Judge might be committed. Such was the expectation entertained and proceeded upon at the time when the matter of that first section was sent to the press; and so it continued to be, till not only the matter originally destined for this section had been written, but matter also for the whole remainder of the Bill.

2. For the purpose of trying the experiment, a tract moreover was published, intituled “Equity Dispatch Court Proposal; containing a Plan for the speedy and unexpensive termination of the suits now depending in Equity Courts;—with the form of a Petition, and some account of a proposed Bill for that purpose.”a But before the present section had been sent to the press, it had become but too certain that the experiment had failed—so far at least as regarded the trial of it proposed in that tract to be made.

3. Not only the matter of that publication, including a detailed account of the matter proposed for the present Bill, but the principal part of it in terminis, including the whole of the matter down to the present section, with the exception of some subsequently-made and not-as-yet-communicated amendments, had received, not only from amply competent judges, but from men high in professional eminence, the most unreserved approbation.

4. But, on the part of suitors, such was the terror of what might befal them from the resentment of the lawyers, official and professional, belonging to the Courts in question, that by the invitation given in the above-named tract, from no more than two suitors, one from each of two suits, was any application produced: and in both these instances this obstacle had been removed, the persons in question being in a state of actual hostility with the Court, in the hands of which they had been undergoing a course of depredation and oppression for a multitude of years. That it was in this terror that the failure had its cause, is matter not merely of inference, but also of experience: for, in various instances, by the above-mentioned approvers, endeavours were employed to persuade suitors to join in the proposed petition; and notwithstanding the just estimation in which the opinion of the givers of the advice was held by the receivers of it, still the terror was so great as to prevent them from taking the course recommended by it.

5. By this failure, however, neither had the demand for the remedy to the grievance in question been shown to be less urgent, nor any ground afforded for diminishing the confidence in the here-proposed remedy. On the contrary, the perception and acknowledgment of the inaptitude and utter depravity of the existing judicial establishment and procedure have been increasing daily in intensity and extent.

6. Moreover, the plan for the accomplishment of which a bill had been brought into the House of Commons, on the motion of the learned member who has since been elevated to the situation of head of the law, and subsequently pursued by the announcement of a bill for the same purpose, with the necessary amendments, as being about to be moved for in the House of Lords, has been declared to be dropped.

7. Under these circumstances, how much soever the encouragement to perseverance was weakened, the inducements in other respects remained; and with even augmented force.

8. As to the machinery here visible, the only part which, by the abandonment of what regards the proposed Petition is rendered needless and thence unserviceable, is the matter of Section I. Judge located, how; and a portion, more or less considerable, of Section VI. Judge’s Powers.

9. But though, with reference to the purpose of the present Act, this is rendered unserviceable, to other purposes of still more extensive importance it will, it is hoped, be seen to be in no inconsiderable degree applicable and serviceable: in particular, that portion the matter of which bears reference to the subject-matter of the Penal Code.

[a]Section I. to VIII. were in print at the time of the author’s death.—Ed.

[a]Published in 1830—(see above, p. 289.)—Ed.