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Place and Time
to take an exhaustive survey of the several powers
necessary for performing discharging the duties the task of justice with
their respective limitations: but who is there that is able to
take this survey even now? The expedient adopted
was to appoint a single person who by no
notes formalities and drawing his powers fresh from
the ocean fountain-head of majesty should assume display new ones
as often as in proportion as [courts incidents which seemed
to call for them should arise] the tide current of
should bring the expediency utility<add>propriety</add> of assuming them
into view. [Hence the office of Chancellor, and
the Court Hou of Chancery.] Then as before, the
force of custom little by little brought discretion
under rule: a new scene presented itself
to view: a new order of things took place: a new
measure of civil justice, a new rules of civil procedure
was established: grew up into use and in every line
of civil justice the new court tribunal came to spur
or to controul, to confound simplify or to perplex, or to assist substantiate or
to overthrow the proceedings of the old one.
New modes courses of succession [to inheritances:] new modes rules
of interpretation: + + the novelty concealed more or less by various pretences; but not the less real. It adopted covenants and
conveyances which the old established original <add>antient</add> courts would
not adopt: it vacated contract covenants and
conveyances
Identifier: | JB/100/009/002 "JB/" can not be assigned to a declared number type with value 100.
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jeremy bentham |
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