JB/081/096/001

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2

1829 March 13
Supplement

§.3. Suits in pendency

It may be asked on what principle should
termination be given to the suits in this case for
at present to a vast extent the right is involved in
complication and obscurity and the difficulty thence
arising would still remain to be surmounted. To
this it is answered on the disappointment preventing
or say non-disappointment principle. Use the system
what it may in the case of a civil suit, a suit
between individual and individual whatever evil
may have place it is by this unpleasant sense –
the sense of disappointment that is is the whole
of it produced by from disappointment the investigation
of the matter of the suit in its present involved
state might even it to occupy a dozen or a score
of years would not exempt the parties concerned.
To this suffering the party or parties are under the
existing system doomed under the here proposed
system let the application of it be much more inapt
than it is in danger of being this disappointment
would not receive encrease while years of agony
and impoverishment would be saved. The only purpose
and use of the investigation respecting title is the
ascertaining as far as can be ascertained on which
side in case of loss disappointment would be least
severe. On this question the judge will have to
pronounce on taking a general and all comprehensive
view of the circumstances of the case. In many instances
drawing of lots in many others making division of the
subject matter of dispute would be upon the whole a
more eligible mode of termination than any other that
could be substituted to it.

Identifier: | JB/081/096/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-03-13	Marginal Summary Numbering	2-3
Box	081	Main Headings	petition for justice
Folio number	096	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	george bentham	Watermarks	street & co
Marginals	george bentham	Paper Producer	antonio alcala galiano
Corrections		Paper Produced in Year
Notes public		ID Number	25883
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