JB/052/230/001

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1825: Feby
Procedure Code

Ch VIII General Rules
(1) (1 §.5. Which side most likely right?

§. Which side is most right likely to be in the right?

30
General preoccupation
in favour of pursuers
right

Art. Antecedently to the view presented by the
inquiry into the particular facts of the undecided case, the general
presumption arising out of the natures of the several relative situations
will be in favour of the pursuer, which is as much as
to say in disfavour of the Defendants side

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Reason belief in
correctness of his
judgement

The general reason is — that without some ground
of assurance and belief as in respect of the correctness of his
judgement, it is not likely that a man person would engage or
would subject himself to the vexation and expence attached
to the character of pursuer even in case of success together
with the still more ample quantity in case in case of ill-success.
This is the sum of mere self regarding interest: particularly
when the form of the additional restriction which has
applicable by sympathetic is added — as a
moral pain which lies so ever in company of
self regarding affection might should not in this any more than any
other case to be left altogether out of the account.

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The more vexatious
his mode of proceeding
the less presumption
in his favour

On the other hand At the same time the greater the success with which
the endeavour to attain the ends of justice and collected
is the less will be the difference indicated in indeed have place
this respect between the two correcting situations. The less
the vexation and expence attached to the situation, the less
will be the restraints the tendering of which is to prevent him
from embarking on it.

Identifier: | JB/052/230/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-02	Marginal Summary Numbering	30-32
Box	052	Main Headings	procedure code
Folio number	230	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e10
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	16903
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