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9
Supplement
(2) (*8) II. Elucidation
§.6. Reconciliation
2 Opinion that by
acceptance from Defendant
of a reduced sum
the reduction would be
more than balanced by
the risks of deposition
of evidence or misdecision
in case of prosecution
before the ordinary
Court.
Let the opinion be that though not intended he can not make a case, he may put together if to the whole amount
of the demand the plaintiff is entitled will be able to make a case for a
part of it, then, when the amount of the reduction to be recommended is being
settled, the correspondent substitution will be made is
Though you are will probably be able to [make out a case
for so much] make proof of your being justly entitled to so much
yet taking all circumstance to account such as the risk of deposition
of evidence, of what in our eyes is a wrong decision, of the
length of time that will have elapsed before execution and effect in
your favour can have place, and the continuance of the defendant
in a state of solvency adequate to the purpose of affording full satisfaction
of your demand, what we recommend to you on part of prudence
is to accept should the defendant be disposed to pay it to you
such or such a sum (naming it) thereby deducting from your demand such
or such a sum naming it. and the difference between the
money you will have to refund in the course of the suit and the money which
in case you will, in the name score of reimbursement probably receive at the end of it.
10
Of these inducements the
only one due to the
institution in question
is the diminution of
delay vexation and
expence
Now then of all these inducements, which some one or other of which the tribunal in
question will be seen to present to the parties on both sides,
the only inducement for which the parties stand respectively
indebted to the institution of this same tribunal is the
deduction which by the exercise of this its function, is made
from the quantity of delay, expence and vexation. For
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For for elicitation of
evidence this Court
affords no facility
For, as to the making proof of the title-constituting matter
of fact the no facility does this tribunal afford over and above
those facilities which the ordinary Court either affords already, or without
the establishment of any sorts of institution for the purpose necessarily
be made to afford: on the contrary for obtaining evidence from
any source other than the declaration of the parties themselves
this tribunal (as per page ) is under the necessity of sending
the plaintiff on an excursion his travels to the ordinary Court.
Identifier: | JB/081/293/001 "JB/" can not be assigned to a declared number type with value 81.
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1829-06-02 |
10-11 |
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081 |
petition for justice |
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293 |
petitions |
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001 |
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text sheet |
1 |
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recto |
c2 / e8* / f9 |
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jeremy bentham |
street & co |
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antonio alcala galiano |
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26080 |
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