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1830. July
Review
III. Reinquiry the third: reinquiry produced and brought
upon the carpet by instalments. For these see as above
Chicania Ordinaria §. 39.
Apropos One word as to the examination of parties with
or without oath a proceeding to which our learned draughtsman
seems not altogether determined against indulging in will, provided
it be introduced with that same 'application' as per
§. 56. out of which his Judge will make what he pleases.
Instead of waiting for this same application, suppose the
proceeding the very first proceeding carried on, the very first proceeding
by which the suit would be commenced in every case?
If good in any case, for the £5 suit, how and why should
it be otherwise than good in the £50 suit or the £100 suit, or
in a thousand pound suit or in a hundred thousand pound suit?
If the mode of proceeding if this mode proceeding by the endeavour
to check truth instead of the determination the declared determination
to check strings of written law – if this proceeding mode of eliciting
evidence is not the best mode (extraordinary case excepted) that
can be employed, why not employ that same best mode, and
if it is the best mode why in any case those exceptions excepted
employ any other mode. Gathered to his ancestors will be the
learned Squire of Brougham Hall before it will be in his power
to give to to these few questions one answer that will not
be ashamed to meet a readers eye.(a)
(a) ☞ See whether this
topic is not exhausted
or at least touched upon
elsewhere.
Identifier: | JB/004/170/001 "JB/" can not be assigned to a declared number type with value 4.
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jeremy bentham |
j whatman turkey mill 1829 |
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jonathan blenman |
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