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<p>On a <add>But a</add> closer inspection it will be found <add>seen</add>, that cases<lb/> | <p>On a <add>But a</add> closer inspection it will be found <add>seen</add>, that cases<lb/> | ||
are no where wanting in which while injury <add>injustice</add> to any<lb/> | are no where wanting in which while injury <add>injustice</add> to any<lb/> | ||
amount <del>may</del> and in any of its shapes may be done | amount <del>may</del> and in any of its shapes may be done<lb/> | ||
</p> | in the way of judicature in the Courts below, application<lb/> | ||
<add>made</add> to the superintending judicature for the redress of such injustice<lb/> | |||
can not reasonably be expected.</p> | |||
<p>The circumstances by which such application is capable<lb/> | |||
of being prevented may be distinguished in the first<lb/> | |||
place into general and particular <add>natural or general obstacles to application, and particular factitious obstacles</add>: general; viz: such<lb/> | |||
as are common to <add>all countries and at</add> all systems of procedure, the natural<lb/> | |||
not excepted: 2. particular; viz. those which are peculiar<lb/> | |||
to the <unclear>technical</unclear> system, and in particular to the<lb/> | |||
English branch of it.</p> | |||
<p><del><gap/></del> Natural obstacles to application, are 1. the <add>natural and avoidable</add> vexation,<lb/> | |||
2. the natural and avoidable expence, whatever vexation<lb/> | |||
and expence may happen in the individual instance in<lb/> | |||
question – happen to be naturally and unavoidable attached <add>concomitants</add><lb/> | |||
to the <add><del><gap/></del></add> operations necessary to be performed for that purpose<lb/> | |||
3. the death or other physical disability of the party <del>or</del> <add>originally witnessed,</add><lb/> | |||
<del>up</del> in every instance in which such disability is not<lb/> | |||
made up for by the <del>opposite utility and</del> <add>ability coupled with adequate</add> interest on the<lb/> | |||
part of true other persons in the character of their successor or<lb/> | |||
representative.</p> | |||
<p>To <add>In addition to</add> those natural obstacles, factitious obstacles <add>unquestionably</add> may probably<lb/> | |||
<del>be</del> a greater or less amount be found in every branch <add>mode</add> of<lb/> | |||
the technical system wheresoever established: and these too over<lb/> | |||
and above the mass of factitious delay vexation and expence which<lb/> | |||
in a greater or less proportion is the <del><gap/></del> inseparable concomitant of the technical system<lb/> | |||
wheresoever established.</p> | |||
<p>The English branch of the technical system has obstacles that are peculiar to it.<lb/> | |||
These are here <unclear>unabsurd</unclear> in the mass <gap/> <hi rend="underline"><foreign><gap/></foreign></hi>: further as a particular<lb/> | |||
and distinct enumeration of them will be <gap/> to be made.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{In_Progress}} | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
16 May 1807
Preventives of application for relief are
1. General – common to all Systems: 2. Particular, viz. to highest System.
On a But a closer inspection it will be found seen, that cases
are no where wanting in which while injury injustice to any
amount may and in any of its shapes may be done
in the way of judicature in the Courts below, application
made to the superintending judicature for the redress of such injustice
can not reasonably be expected.
The circumstances by which such application is capable
of being prevented may be distinguished in the first
place into general and particular natural or general obstacles to application, and particular factitious obstacles: general; viz: such
as are common to all countries and at all systems of procedure, the natural
not excepted: 2. particular; viz. those which are peculiar
to the technical system, and in particular to the
English branch of it.
Natural obstacles to application, are 1. the natural and avoidable vexation,
2. the natural and avoidable expence, whatever vexation
and expence may happen in the individual instance in
question – happen to be naturally and unavoidable attached concomitants
to the operations necessary to be performed for that purpose
3. the death or other physical disability of the party or originally witnessed,
up in every instance in which such disability is not
made up for by the opposite utility and ability coupled with adequate interest on the
part of true other persons in the character of their successor or
representative.
To In addition to those natural obstacles, factitious obstacles unquestionably may probably
be a greater or less amount be found in every branch mode of
the technical system wheresoever established: and these too over
and above the mass of factitious delay vexation and expence which
in a greater or less proportion is the inseparable concomitant of the technical system
wheresoever established.
The English branch of the technical system has obstacles that are peculiar to it.
These are here unabsurd in the mass : further as a particular
and distinct enumeration of them will be to be made.
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Identifier: | JB/106/187/001"JB/" can not be assigned to a declared number type with value 106. |
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jeremy bentham |
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