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1830. July 29 M
Review.
5. Conciliating
Reinquiries?
1
Proof by one party of
the refusal of the other
party to appear in a
Court of Reconciliation
§. 96. Reconcilement. If and when a party has
cited as per §. 95, "he shall as his own election appears and
"not before the said Judge." Well, and suppose he does not appear
nor takes any notice of it what then? why then "he
"shall within one week of being so cited, serve the party so citing
"
"with a notice, in which notice he shall state "whether he intends to appear
or not." Well and suppose he does not perform such serving.
Service till after the event is at and so does not it all
What then? Why then "such Notice may be given to with the proof of citation
" in evidence against the party cited in any such
"who have or in Equity which may be brought against the party
"citing for the purpose of proving that the party cited refused
"to appear before the Judge in Ordinary or a Court of Reconcilement."
2
Nothing gained but
hearing himself laughed
at by lawyers
Well, and what of this? why nothing. To any
such proof would cost him something and nothing
would he get by it: saving and excepting the pleasure of hearing
and seeing himself laughed at by learned Gentlemen.
3.
To Reconcilement both
parties are accessory if
one party refuses the
other cannot make
him be reconciled
Now then as to the dispute of the two parties. Either
they are both of them disposed to reconcilement or they are not
if they are, nothing is then to hinder them: they may
[ ] than they are
the for this judge
make it with the least possible trouble and without any expence
Now suppose one of them wishes for reconcilement, the other not
what is the case either of them the better for the Judge. No
could be his for having any thing to do with the
matter for any purpose better or other than the making more sense
if setting them together by the ears. But suppose it was really
to being abuse or reconciliation what would be whose wish it was
to be reconciled? what would the parties or either of
them be the better for wish. To a reconcilement, as to
some other things, two parties are necessary: one of them the stuborn one will
not be reconciled: and as to the other his matter the
yet the Judge can make him be so.
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jeremy bentham |
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jonathan blenman |
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