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<head>3</head><!-- in pencil and aligned to right margin --> | <head>3</head><!-- in pencil and aligned to right margin --> | ||
<p><!-- indented --><note>Ch. Popular <gap/><!-- looks like 'affable' (though it clearly can't be) --> <!-- symbol, double vertical lines --> 1.1. Importance in <gap/></note><!-- in pencil --> Our circumstance however then is that <sic>shews</sic> that | <p><!-- indented --><note>Ch. <unclear>Popular</unclear> <gap/><!-- looks like 'affable' (though it clearly can't be) --> <!-- symbol, double vertical lines --> 1.1. Importance in <gap/></note><!-- in pencil --> Our circumstance however then is that <sic>shews</sic> that | ||
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<del>the differen</del> even in the vague and <gap/> glance cast | <del>the differen</del> even in the vague and <gap/> glance cast | ||
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<p><!-- indented -->By the jurisdiction of the Equity <add>to which is</add> Courts , and <add>added to</add> that | <p><!-- indented -->By the jurisdiction of the Equity <add>to which is</add> Courts, and <add>added to</add> that | ||
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of the Chancellor in <del>th</del> cases of bankruptcy , <add | of the Chancellor in <del>th</del> cases of bankruptcy, <add>such</add> causes <del>and | ||
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taken out</del> <add>causes which taken in the aggregate, <add>are</add> clearly <sic>pland</sic> <add>sealed</add></add> <del>those of the</del> distinguished above the net in | |||
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the scale of importance have been taken out of the hands | the scale of importance have been taken out of the hands | ||
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of Juries . But though on the part of the Judges | of Juries. But though on the part of the Judges | ||
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thus robbed , as it seemed to them , of | thus robbed , as it seemed to them, of <unclear>power</unclear> and far, | ||
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much <add>no small degree of</add> dissatisfaction was expressed <add>every now and then</add> , and much | much <add>no small degree of</add> dissatisfaction was expressed <add>every now and then</add>, and much resistance | ||
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made, yet no traces are to be seen <add>found</add> of any correspondent | made, yet no traces are to be seen <add>found</add> of any correspondent | ||
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dissatisfaction on the part of Parliament or people . | dissatisfaction on the part of Parliament or people. | ||
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It is indeed by prejudice only and not by experience | It is indeed by prejudice only and not by experience | ||
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that any such dissatisfaction could have been excited . | that any such dissatisfaction could have been excited. | ||
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For so grossly defutive was the system of substantive laws | For so grossly <!-- word checked, as mentioned in my email: http://search.avg.com/?d=4dee1342&i=23&tp=chrome&q=defutive&lng=en-US&nt=1 -->defutive was the system of substantive laws | ||
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and <add>law of</add> procedure open out by the Common Law Judges | and <add>law of</add> procedure open out by the Common Law Judges | ||
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or palpably repayment to the main ends of justice [<!-- first square bracket in pencil, second in ink -->[for | or palpably repayment to the main ends of justice [<!-- first square bracket in pencil, second in ink -->[for | ||
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to | to <hi rend='underline'>fraud</hi> its protecting not its preventive <add>or</add> and corrective influence | ||
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was < | was <sic><unclear>asuredly</unclear></sic> extended]]<!-- first square bracket in ink, the second square bracket in pencil --> so incapable on many | ||
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accounts of <unclear>keeping</unclear> Society together , that through Equity | accounts of <unclear>keeping</unclear> Society together, that through Equity | ||
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refund to bestow her assistance but at an extraordinary | refund to bestow her assistance but at an extraordinary | ||
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price , yet that assistance <add>in cases to a first extent</add> <gap/> too | price, yet that assistance <add>in cases to a first extent</add> <gap/> too necessary <del>to</del> not to be | ||
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purchased, by those who were able to purchase it, at | |||
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any price. | any price. | ||
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<p><!-- indented -->A system of law which did not so much as profess | |||
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to make provision in relation to fraud, trust or accident! | |||
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for the protection of the <del>honest</del> <add>honest</add> <del>if</del> against fraud, for the enforcement | |||
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of <add>the</add> duties of trustees, or for the allowance of just choices <add>grounds</add> | |||
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of demand or defense produced by the intervention of unforeseen and perhaps <add>oftentimes</add> unforeseeable accident. | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
5 June 1808 3 Jury
3
Ch. Popular 1.1. Importance in Our circumstance however then is that shews that
the differen even in the vague and glance cast
upon such subjects by the mind public mind of the people at large
the difference of importance between corresponding to criminal and
civil can not have been wholly overlooked -
By the jurisdiction of the Equity to which is Courts, and added to that
of the Chancellor in th cases of bankruptcy, such causes and
taken out causes which taken in the aggregate, <add>are clearly pland sealed</add> those of the distinguished above the net in
the scale of importance have been taken out of the hands
of Juries. But though on the part of the Judges
thus robbed , as it seemed to them, of power and far,
much no small degree of dissatisfaction was expressed every now and then, and much resistance
made, yet no traces are to be seen found of any correspondent
dissatisfaction on the part of Parliament or people.
It is indeed by prejudice only and not by experience
that any such dissatisfaction could have been excited.
For so grossly defutive was the system of substantive laws
and law of procedure open out by the Common Law Judges
or palpably repayment to the main ends of justice [[for
to fraud its protecting not its preventive or and corrective influence
was asuredly extended]] so incapable on many
accounts of keeping Society together, that through Equity
refund to bestow her assistance but at an extraordinary
price, yet that assistance in cases to a first extent too necessary to not to be
purchased, by those who were able to purchase it, at
any price.
A system of law which did not so much as profess
to make provision in relation to fraud, trust or accident!
for the protection of the honest honest if against fraud, for the enforcement
of the duties of trustees, or for the allowance of just choices grounds
of demand or defense produced by the intervention of unforeseen and perhaps oftentimes unforeseeable accident.
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Identifier: | JB/035/261/001"JB/" can not be assigned to a declared number type with value 35. |
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1808-06-05 |
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035 |
constitutional code; evidence; procedure code |
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261 |
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001 |
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text sheet |
1 |
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recto |
d3 / e3 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10854 |
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