JB/050/012/001

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PROCEDURE CIVIL.

END. the 1st object of consideration
The entering upon the examination of the course system
of Procedure, the first thing we have to do is to
know its end: because the expedience of it in
any instance is nothing but the it subserviency nor
the inexpedience but the insubserviency of it to this
end.

END. what— The End of Civil Procedure is the keeping up
the distribution of those objects whether of
desire or an aversion which the Law has taken
under it's dominion, of keeping it up, I say,
in the course of expectation.

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MISCHIEFS of DELAY
Now that Distribution if [||] [||] if turned out of that course, or in other words, it is has been violated violated in any instance
is violated for ever, or [only] for a time.
If there Now therefore Whensoever therefore an object (for example) of desire
for example having been brought into litigation; and
has been adjudicated to that one of the litigants
who was not in possession: it thence appears that it has been violated for a time — It has been violated [+]
[+] from the first moment in which he ought to have had the object in possession, but had it not, to the moment at which the execution of the Judgment gave it him, that is
during that it has taken up to conduct the
question through the stages of procedure,
Still therefore the party to whose prejudice
the violation of the distribution in that instance
accrues has suffer'd an injury: that is has
suffer'd wrongfully a pain; which pain tho'
not equal to what it would have been had
the violation been for ever, bears a certain ratio
to it.

This ratio is that of the present value of a
time in the thing in question, [+] [+] commencing at the time the violation first took place, equal to that during which
the temporary violation it has has subsisted, to that of
the present value at the same time of a perpetuity of the same
thing. if Let for example the thing in question be an
estate worth £3000 of £100 a year, and the the time
suit has lasted 2 years: and let the present value
of estates at the time the party in the right should

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first have had it be 30 years purchase, then
is the period of this temporary violation equa to that
of a perpetual violation as [x] years purchase the present
value of an estate for 2 years to commence
immediately + is to 30. + v. . . . . .'s Tables That is instead of £3000
which thehe part ought to receive of the party in his adversary
the money if he took money for the estate, he
ought to receive £3000 + x.

If therefore to maintain the course of Distribution inviolate
to the end of this branch of Procedure,
that end is never to be fulfilled by simple
restitution. It is not simple restitution that can fulfill it — hence therefore the mischiefs
of delay.

DAMAGES for DELAY. This violation subsists untill the party
suffering by it has received a compensation.
hence therefore the expediency of damages for
delay

The steps that must be taken before it can be
ascertained what is the course of expectation [in
a case where it is in dispute] that is, the transactions
of Procedure occasion a trouble to a
variety of persons instrumental in carrying them
on- this trouble (or it will not be taken) must
be compensatic with an allottment of the causes
of pleasure, that is with money or some other
PROCEDURE CIVIL It's End. DELAY MISchiefs of- Damages for.

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valuable thing for a reward. And hence the
[origin and] necessity of Costs.
All this time, spectators are more certain persuaded that it is violated, than they can be that it will ever be redressed. The chance of the real being above the estimated value is the same on both sides - but suppose it real so & the same to both than there is injuries to the party in the right.
Measure of damages in Error not compassable to in Hylas's Cause (the Negro).

Identifier: | JB/050/012/001 "JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering	not numbered
Box	050	Main Headings	procedure code
Folio number	012	Info in main headings field	procedure civil
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16003
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