JB/081/151/001

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1828 May 5.
Petitions

5
Experimental Institution
(1) 5 §. Proposal

14
Case turning upon fact
upon law or upon both
Interpretation of agreement
Case turning upon law
Here no demand for
precedent Parties intention
sole proper
guide

Art. 14 Case turning upon the ground of fact; case turning
upon the ground of law: case turning upon both grounds: diversifications these observation of which will require to be made. Example which Interpretation put upon an agreement.
this will be a decision on the ground of law. But
the opinative decree suits, for which there cannot
be demand on use in the character of a precedent.
Sole proper direction post the intention of the parties.
General rules for the discovery of particular intentions —
More especially such general rules as Equity and
Common Law joined in exhibiting, are so many
direction posts pointing the wrong way — rules or
directions for going wrong. If the decision of the
Dispatch Commissioner be such as a Judge of the
Court of Chancery would have pronounced, Lawyers
will not be dissatisfied: if it be such as a man at large
would have pronounced, men at large will not be
dissatisfied. Nor will it be in the power of lawyers
to adduce any reasonable cause for being dissatisfied,
by the supposition all parties are satisfied witness
their consent, and none of these decision being drawn into precedents of no other persons will the interest
be effected: be the In none of these decisions or be they even so bad,
will the texture of the unwritten law, whether of the
equity fabric or the Common Law fabric, be in any
way affected.

15
Good of this arrangement
thus proved to be not only eminent
but pure.

Art. 15. Thus has it been made matter of
demonstration that the good by this arrangement
produced is not only eminent, but pure: Delay, in
a prodigious mass, cleared away; right decision rendered,
— not merely not less probable but more actually more more probable in this than in the ordinary
course.

16
Equity suits in Dispatch
Court disposable at the
same rate of velocity as
small Debt Court suits

Art. 16. As no suit was ever brought before a Small
Debt Court that might not be so simple an instrument
as a multiplying number applied to the score have been brought before the
highest Equity Court, and as in a Small Debt Court suits
are decided ,say from half a dozen to a whole dozen or more
in the compass of an hour, no one can say antecedently to experiment
in what pr how many of
the Existing Equity Suits
this same rate of velocity
may not in a Dispatch
Court be exemplified.

Identifier: | JB/081/151/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1828-05-05	Marginal Summary Numbering	14-16
Box	081	Main Headings	petition for justice
Folio number	151	Info in main headings field	petitions
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d5 / e5
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections	john flowerdew colls	Paper Produced in Year
Notes public		ID Number	25938
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