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1
Ch. IX
(3 §. General rules
6
Cautions to Judge with
a view to collateral ends
Art. With a view to the collateral ends of justice
the following are among the cautions which he will observe with a
view to the collateral ends of justice
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Pursuers evidence
elicited Judge to take
no steps vexatious
to others unless by
Pursuers case the
service demanded is
due
Art. The demand applicant having been received
in the character of pursuer or pursuers proxy and in support
of it his evidence, appropriate or simply
or both elicited, the Judge will not in relation to any
a any other person of any other whatever description, (do proposed defendant
proposed witness if any proposed co-pursuer if any)
perform any operation liable to be productive of vexation
or expence or vexation unless in his view of the matter taking such evidence for
correct, a probability has place that at the charge of the proposed defendant the service demanded
or some other more or less analogous to it
is at the due
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Special regard to
minimization of delay
Art. To the minimization of avoidable delay he will
have especial regard. Of the delay, every amount beyond
what is necessary to the direct ends, is detrimental
to the direct ends as well as to the collateral ends of
justice. To the direct ends by the eventual intermediate decease of the Pursuer,
by chance danger of deprivation of sources of evidence on both
sides, and in case of personal evidence not already in
writing, danger of diminution of clearness, correctness and
compleatness by faintness of recollection. To the collateral
ends to the prejudice of the pursuers side in so far as in the right by and in proportion to the vexation of the attached to the
non-possession of the service due; and incidentally by, and in
proportion to the expence the end of which may have been produced
by intervening incident: to the prejudice of the defendant's side if in the wrong
when in the right in all the greatest number of individual cases it will
not: since the longer it continues, the longer he remains exempted
from
the service sought to be enacted
the at his charge.
Identifier: | JB/052/236/001 "JB/" can not be assigned to a declared number type with value 52.
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1825-04-18 |
6-8 |
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052 |
procedure code |
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236 |
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001 |
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text sheet |
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recto |
e3 |
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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16909 |
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