JB/081/104/001

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1829 March 23
Petitions

Supplement
11 §.3 Suits in pendency

25
Distrib
Proposed distribution
of
the suits of
in pendency

But which so ever were taken for the article limitations
are there, the eligibility of which seems not altogether unlikely to
be admitted. Supposing the nature and quantity of the suits, among
different classes of barristers the distribution of them might be
made.

1 Equity suits
First to Conveyancing
Barristers 2. to
Equity draughtsmen

1. The Equity suits. From the class of Barristers at large
might be detached those whose occupation business of use, has been in
the Conveyancing law

2. After these will come Equity Draughtsmen at large

2 To conveyancers
suits relating
to the construction
1. of wills
2. of deeds

To the conveyancing class might be allotted for example
side of suits the follow after for their subject matter the following
1. Construction of Wills
2. Construction of Deeds

26
In both cases
real intention of
parties to be taken as
the ground of decision

Inchoate in both cases, to take for the ground of decision that
which in the opinion of the Judge was the real intention of the
parties. No regard being paid to any of the rules of construction
hitherto referred to: rules having for their object the frustrating the
intention of the parties in the pretence of giving fulfilment
to it.

27
Query shall any
further extraneous
evidence be received

But though would now the question — extraneous evidence
evidence which is such with reference to the power of the instrument
shall it be received in

28
Better to cut the
Gordian knot at once
than to incur
expence and delay
under pretence of
untying it

For the money the sureness of Alexander must
be bound and the knot cut at once: saved would thus be
all expence and delay that otherwise would be belied in
in pretence of untying it. If witnesses within the four seas
or some other geographical lim boundary, admitt to evidence
exacting in a condition that it shall be elicited viva voce was
checked by the Judge by when the cognizance of the suit has been
allegded. Question why the distinction? Answer because by this means
1. the expence and delay and expence attached in a law is attached, where
otherwise
otherwise the cost in this
shape could be .

Or in the field of this
instead of that of
might the boundary be set
up. Say every witness whose assistance can be effected in the space of one, really low number or
In Engla If not — in Great Britain and Ireland taken together, in England at any rate taken by itself, for producing on the part of the the requisite forthcomingness the competing [+]
[+] proof must be employed: but in this case
what is said in the Prayer of the Petition for Justice
in regard to Security finding would require to be observed.

Identifier: | JB/081/104/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-03-23	Marginal Summary Numbering	25-28
Box	081	Main Headings	petition for justice
Folio number	104	Info in main headings field	petitions
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e11
Penner	jeremy bentham	Watermarks	1828
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year	1828
Notes public		ID Number	25891
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