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<p>in the right is at that moment rendered impossible<lb/> | |||
— What is the consequence? the cause<lb/> | |||
goes off for 6 months: expence of Witnesses,<lb/> | |||
Counsel, Attornies, all disbursed in waste:<lb/> | |||
and at the end of the six months, if it happens<lb/> | |||
to be on the remanet list, for another<lb/> | |||
six months — Unless the party is ruined by<lb/> | |||
the preparation for the first trial, profit<lb/> | |||
to Judge and Co. upon the second, and perhaps<lb/> | |||
upon a third. Necessary or not, motion<lb/> | |||
for a new trial, with additional profit<lb/> | |||
thereupon, according to circumstances.</p> | |||
<p>Suppose now the Court sitting<lb/> | |||
all the year round: the accident of one day<lb/> | |||
may now be repaired the next.</p> | |||
<p>Of further particulars as<lb/> | |||
to the evil and causes of delay, mention<lb/> | |||
will require to be made under the head<lb/> | |||
of Jurisdiction Split.</p> | |||
<p>8.</p> | |||
<pb/> | |||
<head>VII. Precipitation necessitated.</head> | |||
<p>Under the fee gathering system<lb/> | |||
states of things the most opposite — delay and<lb/> | |||
precipitation — concur in giving existence to the<lb/> | |||
desired effect.</p> | |||
<p>Of delay, the mode of establishment<lb/> | |||
and the relative usefulness have just<lb/> | |||
been seen. The precipitation grew by degrees<lb/> | |||
out of the delay. At the early period in question,<lb/> | |||
scarcely could it have been contemplated: not but<lb/> | |||
that from the first, precipitation with its evils,<lb/> | |||
were among the natural effects of the opposite<lb/> | |||
abuse. But at present it flourishes, and on<lb/> | |||
each occasion produces its fruits: and only for<lb/> | |||
the purpose of the present time is the state of the<lb/> | |||
system at the early period here brought to<lb/> | |||
view.</p> | |||
<p>Be the business what it may,<lb/> | |||
if, of the time that might and should have been<lb/> | |||
allotted to it, a portion is kept unemployed, proportioned<lb/> | |||
to the increase given to the quantity<lb/> | |||
of the business will be whatever hurry takes<lb/> | |||
place in the course of the time which the<lb/> | |||
business is allowed to occupy.</p> | |||
<p>Suits at Common Law, and<lb/> | |||
as such brought to trial, or pretended so<lb/> | |||
to be brought before a Jury, may be divided<lb/> | |||
into two classes: those of which it is known<lb/> | |||
that, by possibility, they may be tried by<lb/> | |||
a Jury, and those of which it is known<lb/> | |||
that they can not.</p> | |||
<p>9.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
in the right is at that moment rendered impossible
— What is the consequence? the cause
goes off for 6 months: expence of Witnesses,
Counsel, Attornies, all disbursed in waste:
and at the end of the six months, if it happens
to be on the remanet list, for another
six months — Unless the party is ruined by
the preparation for the first trial, profit
to Judge and Co. upon the second, and perhaps
upon a third. Necessary or not, motion
for a new trial, with additional profit
thereupon, according to circumstances.
Suppose now the Court sitting
all the year round: the accident of one day
may now be repaired the next.
Of further particulars as
to the evil and causes of delay, mention
will require to be made under the head
of Jurisdiction Split.
8.
---page break---
VII. Precipitation necessitated.
Under the fee gathering system
states of things the most opposite — delay and
precipitation — concur in giving existence to the
desired effect.
Of delay, the mode of establishment
and the relative usefulness have just
been seen. The precipitation grew by degrees
out of the delay. At the early period in question,
scarcely could it have been contemplated: not but
that from the first, precipitation with its evils,
were among the natural effects of the opposite
abuse. But at present it flourishes, and on
each occasion produces its fruits: and only for
the purpose of the present time is the state of the
system at the early period here brought to
view.
Be the business what it may,
if, of the time that might and should have been
allotted to it, a portion is kept unemployed, proportioned
to the increase given to the quantity
of the business will be whatever hurry takes
place in the course of the time which the
business is allowed to occupy.
Suits at Common Law, and
as such brought to trial, or pretended so
to be brought before a Jury, may be divided
into two classes: those of which it is known
that, by possibility, they may be tried by
a Jury, and those of which it is known
that they can not.
9.
Identifier: | JB/081/194/002"JB/" can not be assigned to a declared number type with value 81. |
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081 |
petition for justice |
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194 |
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002 |
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copy/fair copy sheet |
4 |
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recto |
c7 / c8 / c9 / c10 |
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25981 |
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