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27 Jany 1807
Had there been any case in which according to the plan
of the learned Reformer, the malâ fide suitor would have
been obliged to sacrifice his own plans of d oppression or
evasion or oppression by factitious delay and expence, to the
ends of justice, it there would then have been room to remark
that notwithstanding the provision by which the new and for undilatory &c
mode of procedure is secured imposed upon the malâ fide suitor in case of removal of the
suit after judgment, there remains the case a case and a mode in which
the it benefit of the present dilatory mode is left open to the him
malâ fide suitor – viz: the that of removing the cause
from the petty Court below, to the seat of only seat of learning
and merit before judgment. But in as inasmuch
as in all cases, and in all modes, he is left and liberty to accomplish preserve or frustrate his own
designs as he thinks proper, the faculty licence which, in a
case that has not happened, would have remained to him
for pursuing those designs, is the less worthy of notice.
Were it ever seriously proposed, after prohibiting
putting a prohibition of the upon the pursuit of the more
dilatory &c mode in the case of removal after judgment to
leave removal open before judgment in any case but
the two above excepted ones, and in any mode more dilatory
or less dilatory, I would in that case beg leave to submitt
to Your Lordship my reasons why no such removal should
be permitted: reasons turning principally upon this, viz: that before
a man knows what the judgment is, or will be, he can have no very good
cause to be dissatisfied with it.
Identifier: | JB/091/101/001 "JB/" can not be assigned to a declared number type with value 91.
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jeremy bentham |
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