JB/081/130/001

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1829 May 8.

4
Dispatch Court.
(1 §. 2. Suits what

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Of Equity suits in pendency
the following shall to
be subjected to the proposed
experiment

Now then of the at-the-time existing stock of Equity
suits which shall be subjected to the experiment of the proposed
benefit?

1 Consent causes causes and
amicable suits
1 All those in which
all parties consent to it

Answer 1. All those in which the all parties on both sides
shall have joined in praying for substitution benefit of the change. As to reasons
the stock of the sufficient is that which the bare description of the
case presents upon the face of it. But moreover justification on the
ground of precedent will be seen below.

2 One exception excepted
all those in which
one party on his
personal appears prays
to that effect

Answer 2. One exception excepted, all those in
which any party on either side shall [personally appear in Court]
in his personal appearance in Court pray for the benefit
of the change.

Procedure in both cases for appearance by substitutes
or say Representatives whose appearance in person
is impracticable or insufficient.

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Sole exception where
suits by their complexity
are subjected to a quantity
of machinery in the
Master's office.

Example Suits for
collection & distribution
of a deceased or insolvents
property

Sole case of exception needful that in which
owing to the complex nature of the suit — a quantity of machinery
such as that belonging to the Masters Office: a quantity of
machinery, the which the use of which would in case of the accomplishment of the plan
be superseded by the proposed local Judicatories. Examples
Suits, the business of which consists in the distribution of [.] the effects the number of an aggregate
stock falling to be distributed
by name of insolvency
bankruptcy or death
of a person or persons in a state of insolvenc

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Reasons for establishing
the change in opposition
to one or more parties
1 To prevent opposition
from mala fide suitors
2 do from interested
lawyers

Question. Why establish the change, in opposition
to the wishes, perhaps the declared wishes, of perhaps all the
parties to the suit (whose number may be indefinitely great?)

Answer. But for this in two su classes of suits
a party in the right would deprived of the benefit of
the institution change: namely 1. those on which parties as a
man were in mala fide conscious of being in the wrong
and as such employing their endeavours in the continuance of a plan
of injustice knows not self conscious 2 all parties what whose lawyers could find
the means of persuading that the change would not be for
their advantage, and at the same time that were they to listen
to it their they would, to a certainty, be

Identifier: | JB/081/130/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-05-08	Marginal Summary Numbering	12-14
Box	081	Main Headings	dispatch court bill
Folio number	130	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e1
Penner	jeremy bentham	Watermarks	b&m 1829
Marginals	george bentham	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1829
Notes public		ID Number	25917
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