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Tuesday 6th July 1773 King's Bench Westm.er
at Nisi Prius in an action brought by a Carpaulet
While Q. his name against a Builder [Payne Qs] for wish done
Lord Mansf: in conversing with the special
Jury observed that the parties lose nothing by
coming to Trial though it go off to a reference
because in the rules of reference are always
inserted clauses for the production of papers
and for the examining of the parties upon
oath by the referee.+ + Mem: in to procure a precedent of one of these rules for the sake of those clauses

This Allowing thereof the propriety of this
method (as how can it be disputed) the
Law as to this matter stands thus.

If both parties are desirous that+ + the most effective best method should be taken in order that right may &c right
should be done, the Law affords that method
[But] if either party is not willing, the Law
affords it not.

But what is that Law that affords does right justice
upon against those the willing only who are willing to suffer it?
that is those for whom it is least necessary? and this not till the parties have been dragged
to the last stage on the road of litigation expence.

[But whether the same provisions are

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not commonly inserted in the Bond of submission to Arbitrators.

ARBITRATION N.B. At the same time on the same occasion
Lord M. observed that he never would approve
of referring to 2 Arbitrators, but to 1 only.
in the former case they always each says he makes
sort of a point of honour of sticking to the last by
considers himself as Council for the party who
has chosen him, & makes a sort of point of honour
to stickle for him to the last.

When there is but one, he then considers himself
as he ought to do, as chosen on behalf of the
one as of the other.

Arbitration was here referred by the rule to Philips, & upon Ld
Mansfield's doubting strongly whether he would
accept of it, to any one whom Ph. should

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EVIDENCE Civil. Examination of Paries [BR][ ][ ]

Identifier: | JB/051/034/001
"JB/" can not be assigned to a declared number type with value 51.


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evidence; procedure code

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evidence civil examination of parties





text sheet

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jeremy bentham


[[watermarks::gr [crown motif] [lion with vryheyt motif]]]


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Box Contents

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