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24 Decr 1806
Scotch Reform To Ld Grenville
On a closer examination denial of justice will be
found resolvable, either into misdecison or into delay: is it of the
result of any positive act on the part of the Court, the it
comes under misdecision clearly propriety of the term misdecision if applied to it is indisputable: is it the result of a negative act which
in this case is a continued act, of to the the duration of which
there are no assignable limits, it comes under delay:
delay to proceed with the cause if already entertained –
delay to entertain it, if not yet entertained. Negative
Denial of justice therefore then, if by a negative act merely, is delay
neither more nor less than delay: and é converso all
delay that might be avoided with preponderant mischief inconvenience
in some other shape (vexation expence or misdecision) is
denial of justice while it lasts.
Of misdecision the mischief belongs not more to one
than to the other: of the mischief of delay, the greater part
of the mischief attaches itself exclusively to the plaintiff's
side. It is matter of mischief Whether it a man it be or be not defendant be or
be not destined the destiny of the defendant to be compelled
to comply with a compliance with the demand, it is matter of inconvenience
to him to be kept in a state of which apprehension
in respect of the being thus compellable subjected to the of the demand. But the inconvenience
thus attached to the Defendant's side has its counterpart
attached to the Plaintiff's side. There remains the main
inconvenience of from delay, which is the not being in possession
of the good desirable object the benefit which is the subject of the demand:
and the inconvenience is that article in the catalogue of the mischiefs of delay exclusively attaches itself
exclusively to the plaintiff's side, having and has nothing that corresponds
to it on the defendant's side.
Identifier: | JB/091/105/001 "JB/" can not be assigned to a declared number type with value 91.
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scotch reform to ld grenville |
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