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1
Ch. IX
4 §. General Rules
8 continued
But, in so far as it i he is in the right he stands exposed by
it equally with the pursuer to sufferance to the prejudice
of the direct ends of justice, by deprivation and deterioration
of evidence as above: and proportioned to his assurance
of his being in the right is the vexation his resulting experiences
from the apprehension of being ultimately regarded as being
in the wrong, and on that account unduly subjected to the
service demanded and which though not due is demanded
at his charge.
9
Unavoidable delay
where several applications
made at the same
time
Art. But of two or more applications made at the
same any one but may by the it creates in the
the Judges time produces of necessity, a delay in respect of
the performance of the judicial operation requisite for the rendering
of justice
same time no one is there which may not of necessity
be made to suffer delay by the operations just demands produced made
by others in an indefinite number upon the Judges time
10
Where delay in the
natural order
may be productive
of preponderant
advantage to the ends
of justice
Art. What may also happen is — that by
deferring that which in the natural order course of the inquiry would be
the next judicial operation to be performed service may be produced preponderating
over the difference to any or all the ends of justice
As often as this is the case the Judge will accordingly defer
to some future time indicated the performance of such
said judicial service: but, for reason and justification, he
will bring to view the particular individual or individuals by
which exception has appeared to be made to the general
rule.
☞ Quere whether to give examples of such demand for delay?
Identifier: | JB/052/237/001 "JB/" can not be assigned to a declared number type with value 52.
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