JB/041/079/001

'Click Here To Edit

1824. August 9 1831 July 14 July 30
Constitutional Code. Ch. XV. Judge Depute Occasional
§. 4. Arbitration §. 4 Reference function

Instruction to the Legislators

Arbitration

Instructional
The case Arbitration is a state of things species of arrangement, that cannot,
under any Code, without a very pernicious deficiency, be left unprovided for. In a
Code framed on the principles of the present one, – true it is – that the frequency
of it will naturally be much less than under any as
yet existing established Code: The circumstance that Still however, the demand
for it will not be altogether superseded. The circumstances
which produces this mode of adjustment is commonly the expensive unfavourableness
of the conjuncture – official mode to the collateral ends of justice than the judicial mode. Another circumstance
is the unfavourableness of it to the direct end of
justice: the only case however in which this consideration operates
is that where the minds of all parties parties are all of them in a state
of sincerity: for suppose the mind of ay one of any party to be in the opposite
state, he can not consistently come into any such
arrangement: if the expence be not too heavy for his pocket he will take the benefit of whatsoever chance
the vitious state of the law affords.

Under arbitration, both the unless the requisite support be given to it by law unavoid two deficiencies unavoidably
have place: want of power to secure the attendance
of witnesses: 2. want of power to enfo give execution and effect
to the award. Of these two defects the first will not have
be productive operative of any evil consequences, when there are no
extraneous witnesses sources of evidence or none but what can be where are
can be made forthcoming without the aid of the compulsory
power of the law Judge, but the other applies in every case may have place in any case.

Identifier: | JB/041/079/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1824-08-09	Marginal Summary Numbering	or 1 - or 2
Box	041	Main Headings	Constitutional Code
Folio number	079	Info in main headings field	Constitutional Code
Image	001	Titles	Arbitration / Instructional
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	C1 / E1
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	001
Box Contents