JB/052/552/001

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1825. Feby 9
Procedure Code

2 III. IV
Ch. IX Intermediate
(2 §. Preliminary Counter Security
Means of execution
how Evil irreparable
How to balance Pretend
Security and Counter Security
Evil which irreparable

Instructive or Enactive?

24
Rules for guidance
1. Of two evils one
reparable and irreparable
chuse the reparable

Art. 5. Two rules however may perhaps serve here
for his guidance two steps further

One is — If while the one side the eventual damage from the
evil on his side appears therefore to be irreparable

Rule 1. When on one side the evil appears irreparable
on the down side, produce that which is reparable
that which is reparable

Rule 1. Of two evils, reparable and irreparable Parties on both sides equally sincere
choose the reparable.

2 Parties one sincere
the other insincere
throw the evil on
the insincere.

Rule 2 Party on one side say the Pursuer side
sincere, on the Defendant's insincere throw cast the evil upon this
insincere Defendant; although it should be irreparable, rather
than upon the Pursuer though on his side as far as appears it may be reparable

Reason. The By compliance with the demand, if the
justice of what the defendant is, by the supposition, conscious it is
in his power to preserve himself from the evil: then in
fact it is by himself that the evil is inflicted upon himself.

3. Of magnitude
of evil, no true
estimate but founded
on parties respective
pecuniary circumstances

Rule the 3 Of the magnitude of the evil, either absolute
in the case of a party on one side, or comparative, in the
case of the parties on both sides no true comparison can in
any case be formed, unless the pecuniary circumstances of both all
parties be taken into the account

Art. In many cases it will be scarcely
possible to

Identifier: | JB/052/552/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-02-09	Marginal Summary Numbering	24
Box	052	Main Headings	procedure code
Folio number	552	Info in main headings field	procedure code
Image	001	Titles	instructive or enactive?
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
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	17225
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