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3 June 1808
Another objection is instituted by the difficulty de of fixing that may attend
the fixing fixation of the value for this purpose. The
plaintiff shall have no more than he demands: a
a rule to this effect will suffice to prevent his calling for
too small a Jury: but it Good but it will not prevent
his calling for too large a Jury. The consequence
is that none but the largest Jury will would be called for: and
the bes relief meant to intended diminution of the
burthen will then be prevented from taking place.
As a security for the correctness of the statement in this
particular an oath might be required; as in English
Law practice to warrant arrestation and holding to bail:
in other words the licence which it has been found convenient
to establish for the encouragement of mendacity on the part
of history might be in this particular instance taken off be suspended.
But even in a cause of the simplest texture
it is not always possible for a plaintiff to know the amount
of his just demand til before the evidence has been delivered
and by in a cause of the most complex kind such
as the demand of a share in the estate of a bankrupt
or a share in an estate after requirer paid as well as debts, the amount must be remain at the outset be involved in
a cloud of uncertainty of unnaturally degree of density.
If the state in question had has many degrees in it,
has in the number a of the degrees it may be seen another
source of complication.
Identifier: | JB/035/246/001 "JB/" can not be assigned to a declared number type with value 35.
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1808-06-03 |
not numbered |
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035 |
constitutional code; evidence; procedure code |
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246 |
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001 |
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text sheet |
1 |
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recto |
e8 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10839 |
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