★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| (2 intermediate revisions by 2 users not shown) | |||
| Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<head>182<del>4</del>5 <del><sic>Dec<hi rend="superscript">r</hi></sic></del> <sic>Jan<hi rend="superscript">y</hi> 15 1<lb/> Procedure Code</head> <p><sic>Ch.</sic> <!-- text in pencil --> Security against <gap/><lb/> Suit<lb/> §. 1</note></p> <p> | <head>182<del>4</del>5 <del><sic>Dec<hi rend="superscript">r</hi></sic></del> <sic>Jan<hi rend="superscript">y</hi></sic> 15 1<lb/> Procedure Code</head> <p><note><sic>Ch.</sic> <!-- text in pencil --> Security against <gap/><lb/> Suit<lb/> §. 1</note></p> <p>Connections <gap/> to witnesses <unclear>too</unclear> burdensome <lb/> Reminders<lb/> 1. <unclear>Pecuniary</unclear> defeat<lb/>2 The security against <sic>falshood</sic><lb/>3. The Accessibility securing Declaration in the Applicants Paper.</p> <p><sic>Ch.</sic> <gap/> Security against groundless <!-- brackets and deletion in pencil --><del>[and vexatious]</del> suits<lb/> §.1. Suits producible. 1. Waste of judiciary time.</p> <p><note>1<lb/> No suit commenced<lb/> without security against<lb/> groundless vexation</note></p> <p><sic>Art.</sic> <del></del> Without such security as by him shall<lb/> be deemed adequate against pre<gap/> <del>vexation to</del> <add> evil, be</add> no<lb/> suit will the Judge give either continuance or commencement.</p> <p><note>2<lb/>Evil of groundless vexation<lb/>suits<lb/> 1 Waste of judicial time<lb/>2 Vexation to Defendant<lb/>& eventually to his connections</note></p> <p> <del><sic>Art</sic> Under <add>In the case</add> the hand of vexation <gap/>handed</del> <add><sic>Arts.</sic> 2 Of the evil resulting from groundless and vexatious</add> <lb/><del>in the first place <gap/> <gap/> the <gap/><gap/> the next</del> <add> suits how breaches require to be distinguished, the evil</add> place<lb/> <del>vexation to the litigation <gap/> their execution</del> <add>1. Evil by waste of the time of the judicature: thence delay, vexation</add><lb/> and expense to the suitors in other <del><gap/></del> suits, how well<lb/> so ever grounded.</p> <p><del><sic>Art.</sic> By vexation to the judiciary <gap/></del><lb/> <hi rend="underline">2.</hi> Vexation to <del> parties and their con</del> <add>the proposed</add> Defendant and eventually<lb/> <add><gap/></add> to his connections: for example <add>and in particular</add> in the character of<lb/> witnesses or <unclear>bandsmen</unclear>.</p> <p><note>3<lb/> Nature of security to<lb/> depend on applicants<lb/> circumstances</note></p> <p><sic>Art.</sic> The nature and efficiency of the security will<lb/> depend on the <add>partly in the general</add> condition in life of the applicant, partly<lb/> in their present condition of the <add>proposed</add> defendant as compared<lb/> with the nature of the power proposed to be <del>executed</del> <add> exercised</add> at<lb/> his charge.</p> <p><note>4<lb/> Waste of time <sic>minimized</sic><lb/> by immediate dismissal</note></p> <p><sic>Art.</sic> As to the waste of <del>judicial</del> <gap/> time, if<lb/> the application is dismissed in the first instance, the waste is<lb/> <sic>minimized:</sic> slight <add>light</add> if in proportion is the security necessary to <lb/> be taken for the exclusion or repression of evil in this shape<lb/> at the charge of applicants. <del>We</del> In this shape and in this degree<lb/> waste is <gap/> an evil essential to and inescapable from the institution of judicature.</p> <p><note> 5<lb/> In this case <del>only by</del> <lb/> multitude of applications<lb/> the only cause of any <lb/> formidable <sic>encrease</sic><lb/> of the evil</note></p> <p> <sic>Art</sic> Only on <del>case</del> <add>by</add> of cooperation <del>wheth</del> <add> with or without concert</add> on the<lb/>part of a multitude of applicants, whether with or without<lb/>concert, can this evil be rendered considerable and formidable</p> <p><sic>Art.</sic> By the instrumentality of this cause, <del>th</del> but for appropriate<lb/> restraint: by the instrumentality of this cause the evil might<lb/> to such a degree be swelled as to be convert into an aggravation of the<lb/> <add>disease</add><lb/><!-- continues in margin --> disease the remedy which<lb/> it is the case of judicature<lb/> to provide. But the<lb/> restraint proper to the case<lb/> <!-- continues along the edge of the page --> is as <del><gap/></del> less securely efficacious than it is obvious.</p> | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
18245 Decr Jany 15 1
Procedure Code
Ch. Security against
Suit
§. 1
Connections to witnesses too burdensome
Reminders
1. Pecuniary defeat
2 The security against falshood
3. The Accessibility securing Declaration in the Applicants Paper.
Ch. Security against groundless [and vexatious] suits
§.1. Suits producible. 1. Waste of judiciary time.
1
No suit commenced
without security against
groundless vexation
Art. Without such security as by him shall
be deemed adequate against pre vexation to evil, be no
suit will the Judge give either continuance or commencement.
2
Evil of groundless vexation
suits
1 Waste of judicial time
2 Vexation to Defendant
& eventually to his connections
Art Under In the case the hand of vexation handed Arts. 2 Of the evil resulting from groundless and vexatious
in the first place the the next suits how breaches require to be distinguished, the evil place
vexation to the litigation their execution 1. Evil by waste of the time of the judicature: thence delay, vexation
and expense to the suitors in other suits, how well
so ever grounded.
Art. By vexation to the judiciary
2. Vexation to parties and their con the proposed Defendant and eventually
to his connections: for example and in particular in the character of
witnesses or bandsmen.
3
Nature of security to
depend on applicants
circumstances
Art. The nature and efficiency of the security will
depend on the partly in the general condition in life of the applicant, partly
in their present condition of the proposed defendant as compared
with the nature of the power proposed to be executed exercised at
his charge.
4
Waste of time minimized
by immediate dismissal
Art. As to the waste of judicial time, if
the application is dismissed in the first instance, the waste is
minimized: slight light if in proportion is the security necessary to
be taken for the exclusion or repression of evil in this shape
at the charge of applicants. We In this shape and in this degree
waste is an evil essential to and inescapable from the institution of judicature.
5
In this case only by
multitude of applications
the only cause of any
formidable encrease
of the evil
Art Only on case by of cooperation wheth with or without concert on the
part of a multitude of applicants, whether with or without
concert, can this evil be rendered considerable and formidable
Art. By the instrumentality of this cause, th but for appropriate
restraint: by the instrumentality of this cause the evil might
to such a degree be swelled as to be convert into an aggravation of the
disease
disease the remedy which
it is the case of judicature
to provide. But the
restraint proper to the case
is as less securely efficacious than it is obvious.
|
Identifier: | JB/057/152/001"JB/" can not be assigned to a declared number type with value 57. |
|||
|---|---|---|---|
|
1825-01-15 |
1-5 |
||
|
057 |
constitutional code; procedure code |
||
|
152 |
procedure code |
||
|
001 |
ch. / security against groundless suits |
||
|
text sheet |
1 |
||
|
recto |
d1 / e1 |
||
|
jeremy bentham |
j whatman turkey mill 1824 |
||
|
admiral pavel chichagov |
|||
|
1824 |
|||
|
18482 |
|||
