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Supplement
8 §.3. Suits in pendency
16
By the decision the
subject matter of contestation
will be
given either 1 to
the demandant 2 to
the pla defendant
or 3 divided between
them
The By the decision the subject matter of contestation
will be adjudged either the whole of it to the demandant, and no
part of it to the defendant, or in some proportion or other
divided between them — in which case to compensate for the evil
the suffering on one side there will be a correspondent quantity of good,
of enjoyment on the other.
17
This being the case
under existing system
it cannot be worse
under here proposed
system
Such then is the case under the existing System: and
this particular or worse can not be the case under the here
proposed one.
18
As to evil of 2d order
1 on the part of
persons in the right from
danger of misdivision
2 alarm produced by
that fear.
Now as to the evil of effects with the 2d order: 1 on the part
of persons having right on their side danger of wrong at the
hands of judges so appointed 2 alarm produced by
the contemplation of such danger.
19
But as soon as expression
is given to the evil
it vanishes altogether
In these two extents consists all the evil which
in the case here in question it is in the power of misdivision to
produce. But no sooner is expression given to this their
proposed evil, then it is seen to vanish amount to nothing —
to vanish altogether. Why? How so? Answer. Because vile
for this purpose are the Judges in question, any of them constituted
such: the suits thus committed to them being dispatched
their power is not at an end — this their occupation given.
Remains then as suit for the net profit from the this proposed
measure, extinction of the delay with the attendant expence
and vexation will have place under the existing system
supposing it continues.
Identifier: | JB/081/101/001 "JB/" can not be assigned to a declared number type with value 81.
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1829-03-23 |
16-19 |
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081 |
petition for justice |
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101 |
petitions |
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001 |
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text sheet |
1 |
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recto |
e8 |
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jeremy bentham |
1828 |
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1828 |
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25888 |
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