JB/004/144/001

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1830 July 23 M
Review

Chicanera
4. Arbitratrix

4. Enter now Chicanera Arbitratrix. Law at her
machinery! Think whether by the art of man, by order from Guinea-preserver, a
mantrap was ever made

One narrow exception excepted (of which presently+)

☞ Quere whether to insert
these lines. 24 July 1830.

Inadequate arrangements
for deciding suits by
arbitration

Inadequate upon the face of it inapplicable to the class
of cases which stand most in need of judicial service, is
every sort of arrangement for deciding such by arbitration.
Why? Answer: Because in each individual instance if well adapted to the such purpose of such,
the both adapt more manifestly well adapted it is, the more
may be the assurances, that application will not be
made of. Arbitration supposes on the part of both parties
consent to the carrying presenting the inquiry to a Judicatory other than
Mutual consent necessary
that, or every those, to which it would otherwise have
been carried: or at any rate to the same Judicatory (in
case of a single-seated Judicatory as has the same Judge)
with other and ulterior p.

But where one suitor
mala fide has consent
to arbitration not
obtainable

But now suppose, on either side of the suit a
mala fide a dishonest suitor: by what inducement can he
be brought to consent what possibility is there of him giving
his consent: None at all: for his plans and that which
makes him what he is is, to buy of the Judge or Judges in
question the use of their power for obtaining or retaining the thing
or number, on p of a contempt put upon their authority by
the party on the other side. Well then, if so it be that the same
historical suitor is satisfied that by the assistances of the Judge or Judges
honest Arbitration or Arbitrations he will gain his point with less
expense or delay, this same consent he will give: on the other one
he will not give it.║

Note

+ See Const. Code Ch, XIV Judges Deputies Occasional.

║ See above Chicanera,

Identifier: | JB/004/144/001 "JB/" can not be assigned to a declared number type with value 4.
Date_1	1830-07-23	Marginal Summary Numbering	not numbered
Box	004	Main Headings	lord brougham displayed
Folio number	144	Info in main headings field	review
Image	001	Titles	note
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	2065
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