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23 May 1806
EVID. B. Exclusion Proper Ch. Remedies succedaneous.
§. General View
1.
Necessity of exclusion proved
above in default of milder
remedies.
2.
But exclusion is a most
violent remedy: it is the
principal disease itself
endured for fear of remedies.
p. 1.
3.
Milder remedies ought
therefore to be looked out
for in preference. p. 1.
4.
This survey is pertinent
to the present design.
p. 2.
5.
– not the loss, if it serves
to present the leading
features of a compleat system
of procedure, a fit
substitute to the existing
abusive one. p. 2
6.
List of remedies succeedaneous
to exclusion
I. Against Vexation Expence
& Delay jointly.
1. Anticipative survey
2. Tribunals within reach.
3. Sittings uninterrupted.
4. Meeting of the partus coram
Judice at the outset.
5. Examination epistolary
where necessary. p. 2.
7.
II. Against expence.
(6) 1 Power to either to charge
himself with the expence.
(7) 2 Authorized advertismt
for pecuniary assistance.
p. 2.
8.
III. Against Delay & Expence
the matter of evidence &
of satisfaction.
(8) 1. Collation of forthcoming
evidence without waiting
for unforthcoming.
(9) 2. Provisional decision taking
security for restitutio ad
integrum.
(10) 3. Provisional sequestration.
9
IV. Against Vexation to the
Judge, and consequent
Delay in the judicature
of the House of Lords.
(11) 1 Extended application of
the principle of the Grenville
act. p. 3
Identifier: | JB/047/022/001 "JB/" can not be assigned to a declared number type with value 47.
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1806-05-23 |
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047 |
evidence |
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022 |
[[info_in_main_headings_field::evid. b. [ ] exclusion proper ch. [ ] remedies succedaneous]] |
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001 |
general view |
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rudiments sheet (brouillon) |
1 |
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recto |
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john herbert koe |
iping 1804 |
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bernardino rivadavia |
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1804 |
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[[notes_public::"copied in another sheet 5 july 1806" [note in bentham's hand]]] |
14890 |
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