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Subject Area: Political Theory
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SECTION II. or XXVI.: HENCEFORWARD DISPATCH COURT. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 3 [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 3.

Part of: The Works of Jeremy Bentham, 11 vols.

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SECTION II. or XXVI.

HENCEFORWARD DISPATCH COURT.

Enactive.

Art. 1. At the end of a service-year, reckoning from the day on which the Dispatch Court Judge took his seat, or any time sooner, the aptitude of the institution with reference to its intended purposes, having been deemed sufficiently demonstrated and made manifest by appropriate experience, power to his Majesty to institute an additional Dispatch Court for cognizance to be taken of such suits of the nature of Equity suits, as would otherwise have to be instituted in an Equity Court. Name of such additional Court, the Henceforward Dispatch Court:—name of the mandate for the purpose, the Henceforward-Dispatch-Court-instituting Mandate: form, as per Schedule No. XXX.

Enactive.

Art. 2. At the same time at which, and on the same day on which (as per art. 1,) the Henceforward Dispatch Court is instituted, the existing Equity Court will, by an accompanying mandate of his Majesty, be dissolved. Name of the mandate by which such dissolution is effected, the Equity Court-dissolving Mandate. Form thereof, as per Schedule No. XXXI.

Ratiocinative.

Art. 2*. Why not leave open to suitors the option of making application either to the thus newly-instituted Judicatory, or to the at present and then existing Equity Court?

Answer.—Reason:—If the option were left open, all the bonâ fide suits would indeed be instituted in the Henceforward Dispatch Court. But for the benefit of the expense, delay, or vexation, or all together, malâ fide suits in the same number as at present antecedently to the institution of the Dispatch Court, would be brought before the at present and then existing Equity Conrts.

Enactive.

Art. 3. Suits cognizable in the Dispatch Court will not be cognizable in the Henceforward Dispatch Court. Suits cognizable in the Henceforward Dispatch Court will not be cognizable in the Equity Dispatch Court.

Art. 4. Power to the Henceforward Dispatch Court Judge, exceptions excepted, to take cognizance of suits belonging to the cognizance of every other Court of Justice now or then in existence.