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17 Feby 1808
I. Directions for the encouragement of mala mala fide wrongdoers (your out-door agents partners and
agents) in the character of malâ fide Defendants of all
six sorts.
II. six sorts Directions for the more effectual encouragement of malâ
fide wrongdoers in the character of solvent defendants combating
for ultimate success through indigence on the other side – See below Directions concerning malâ fide Plaintiffs.
III. Directions for the more effectual encouragement of malâ fide wrongdoers in the character
of solvent defendants combating for intermediate
profit, arising out of delay, and proportioned to the length
of it, or Particular directions concerning Defendants combating
for intermediate profit &c.
IV. Directions for Particular directions concerning the more effectual encouragement of malâ
fide wrongdoers in the character of insolvent defendants
combating for the intermediate faculty of embezzlement or dissipation
or wilful damage in gratification of enmity.
V. Directions for Particular directions concerning the more effectual encouragement of defendants
combating solvent or insolvent combating for ultimate success
through delays by means of both distinctive casualties.
VI. Particular Directions concerning Defendants combating
for gratification of enmity. – See below Directions concerning
malâ fide Plaintiffs.
VII. Particular Directions concerning solvent Defendants taking
the benefit of an insolvency licence.
In one instance case, and hat a very extensive one, comprising
the whole business of the Bill Chamber, difficulty extraordinary difficulty
is the price in a book of practice† † Baird 265, 279. stated as the
signal looked to for by the Lord Ordinary for
turning a cause out of his hands without decision instead
of deciding on it, Scoticé for reporting instead of advising.
"All Bills are advised by the Lord Ordinary in the first instance,
"unless his Lordship thinks there is difficulty: in which case
"he reports the same to the Court, verbally at the fact of the Table, and
"pronounces such interlocutor thereon, as is warranted by the opinions non-delivered."⊞
⊞ The course thus taken for getting the better of mastering extraordinary difficulties is truly curious.
Where there is no difficulty, the case receives the its decision from a single Judge,
who has been keeping all the documents in his hands, any number of months at
pleasure, with the faculty of recurring to them any number of times and for any
length of time at his leisure. When difficulty calls for proportionable examination
and mediation, it is to be got rid of by a crowd of Judges, huddled all together each of them taking
his conception of the cause case from what he can pick up from the vivâ voce statement
of the learned Reporter, who, stated in was in the station of a suitor rather than
a Judge, expects as looks to the termination of the conference for the faculty of extricating himself from a situation thus irksome.
and incongruous⊞2
⊞ To cover incapacity, and escape from responsibility – yes: – but
is this the way to conquer difficulty, and do justice to the cause?
Identifier: | JB/091/212/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-02-17 |
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091 |
scotch reform |
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212 |
on ld eldons bill |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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1804 |
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29208 |
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