JB/106/138/001

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4 March 1807

3. In the case of delay, the remedies, and as well as the demand
for the application of them, are the same, as in the case
last mentioned. For delay, unless unavoidable, or created necessary to
for the the purpose of preserving averting preponderant inconvenience
in some other shape, such as that of vexation or misdecision of
reason of deposition of evidence, is injustice denial of
justice, while it lasts.

But how to know whether the delay actually maintained exhibited
is unavoidable or avoidable, the mischief of it preponderant or preponderated?
This appears especially in case of mala fides
on the part of the Judge, for example through partiality in favour or
disfavour of either party, presents itself as a matter of
fact the ascertainment of which is liable to extreme difficulty.

And the application of the direct remedies abovementioned
being attended with so large a portion of inconvenience, in
the shape of vexation, expence, and delay itself, – delay the
disorder, and delay clinging attention to the remedy – hence the urgency
of the demand for some remedy of the indirect
cast. Registration of and publicity of the causes of delay
presents itself in this view: character: but of this in its place.

Note, that in case of mala fides on the part of the Judge,
subordinate judicature even natural procedure does not
relieve the administration subordinate judicature of justice from the danger of injustice
in this shape.

Identifier: | JB/106/138/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-04	Marginal Summary Numbering	29-33
Box	106	Main Headings	scotch reform
Folio number	138	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c14 / c5
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	34726
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