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24 Decr 1806
Scotch Reform To Ld Grenville
So much as o the effect: now as to the cause.
Advocation may be at the instance of either side of
the parties. But suppose it a different operation
from appeal, and supposing the party to have the
choice between that and appeal, and on the part of the Judge before delay not the
misconduct complained of or apprehended, it is seems difficult
to conceive how on either side it should have anything
but the oppression for its object, mala fides for its cause.
Delay, by supposition, neither experienced nor apprehended:
decision – none given: therefore no misdecision in
the case. What remains then for the possible object? if
at the plaintiff's instance of the plaintiff, increase of vexation, delay
and expence: for what other ese can be the effect can of taking the cause
out of the hands of the Court below? Had decision been
his object, to what purpose taking it take the cause out of the hands
of that Court where it was to be had sooner? By
delay, more delay, the so far as success in the cause
i.e. obtainment of the benefit demanded was the real object
a plaintiff has everything to lose, nothing to gain: but
if oppression be his object, vexation and expence, the
inseparable concomitants of the a removal of the cause
into another, especially if (as it is usually is) –
distant, Court – vexation and expence ensure to have secure put that object
into his hand. the accomplishment of it.
Identifier: | JB/091/116/001 "JB/" can not be assigned to a declared number type with value 91.
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091 |
scotch reform |
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116 |
scotch reform to ld grenville |
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c4 / e16 |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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1804 |
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29112 |
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