JB/081/247/001

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1829 May 23
Petitions

1o or ulto
Supplement
(9 §. II Elucidations
§. Reconciliation Courts
Imperfections continued

13
3: a mala fide
defendant

2. Another class of litigants therein to which it has an application.
This is the class of mala fide defendants. To an unundergrounded
defence the causes of success which the nature of the case admitts of as
may be seen as those which apply to the have place no correspondence
with those which have place operate in favour of the mala fide
plaintiff, as above.

14 16
By depriving
wrongees of the means
of securing responsibility
of wrongers, it gives enables
delinquents, the means
of to withdrawing the matter
of compensation

3. On the part of the defendant's side inability to obtain
this or that piece of evidence necessary to the proof of this or that fact
proof of which if used would have be followed to a greater or less probability
of giving success to his defence. It may be that by means of delay
for a certain length of time the mala fide plaintiff may stand assured
that the faculty on the part of the Defendant of adducing this the indispensable piece of evidence in question
will be descriptive for example, by death, or infirmity
of body or mind on the part of the Evidence holders.

Of this institution one consequence is — that to the detriment
of the plaintiff side, the means of responsibly-securing at the clasp
of the Defendant by provisional execution is altogether taken
away and to the extent of this defalcation a prodigious advantage and encouragement given
to mala fide defendants whatsoever may be the nature of its
service which is the object of the demand.

In like manner, the matter and means of
success in a duly entitled plaintiff viz by the extinction, dissolution
or removal of such portion of the number of as would
otherwise been applied the giving execution and effect to the demand
may be placed out of reach while the demand continues
in pendency in the Reconciliation Tribunal.

Identifier: | JB/081/247/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-05-23	Marginal Summary Numbering	16
Box	081	Main Headings	petition for justice
Folio number	247	Info in main headings field	petitions
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e9
Penner	jeremy bentham	Watermarks	b&m 1829
Marginals	jeremy bentham	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1829
Notes public		ID Number	26034
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