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<p><!-- pencil -->1 June 1807</p> | |||
<p>III Decrees for promoting litigation,<lb/> | |||
by promoting wrongs of which litigation<lb/> | |||
is <add>shall be</add> itself the instrument: the<lb/> | |||
wrongdoer, for the purpose of doing<lb/> | |||
the wrong, becoming <add>rendering himself</add> plaintiff: –<lb/> | |||
<add>and thereby</add> viz. <hi rend="underline">malâ fide</hi> plaintiff.</p> | |||
<p>This purpose is answered by <del><gap/></del> <add>the</add><lb/> | |||
various <add>divers</add> mischiefs the production<lb/> | |||
o which has <add>more commonly</add> some nearer or<lb/> | |||
other <add>ulterior</add> object: viz <add>ex. gr.</add></p> | |||
<p>1. By the <add>factitious</add> expence attached to litigation,<lb/> | |||
for the sake of the profit<lb/> | |||
extractible from the offence.</p> | |||
<p><note><hi rend="superscript">⊞</hi>2.3. By the expence and vexation</note><lb/> | |||
2. By the vexation inflicted on <add>produced to</add><lb/> | |||
the defendant by the expence and<lb/> | |||
trouble of his <add>defender</add> defending himself:</p> | |||
<p>3. By the uncertainty of the law<lb/> | |||
as above (II. 1, 2, 3, 4, 5, 6, 7.)<lb/> | |||
<del>ex gr</del> viz. the uncertainty whether<lb/> | |||
even suppose pecuniary sufficiency<lb/> | |||
not wanting, he may be<lb/> | |||
able, under the law, to defend<lb/> | |||
himself with success – by this<lb/> | |||
uncertainty, and the vexation attached<lb/> | |||
to it.</p> | |||
<p>4. By the <add>factitious</add> delay <del>which</del> the manufacture<lb/> | |||
of which has for its<lb/> | |||
<add>principal and more immediate</add> main objects, the profit-yielding<lb/> | |||
expence, <del>in all causes, whether</del><lb/> | |||
be the cause what <add>which</add> it will <add>a</add> bonâ<lb/> | |||
or malâ fide cause, and the<lb/> | |||
encouragement it holds out for<lb/> | |||
<add>commencing and persevering in</add> continuing defence <del>it</del> in a malâ<lb/> | |||
fide cause in which the mala<lb/> | |||
fides is on the defendants side<lb/> | |||
(as per II. 10.)</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1 June 1807
III Decrees for promoting litigation,
by promoting wrongs of which litigation
is shall be itself the instrument: the
wrongdoer, for the purpose of doing
the wrong, becoming rendering himself plaintiff: –
and thereby viz. malâ fide plaintiff.
This purpose is answered by the
various divers mischiefs the production
o which has more commonly some nearer or
other ulterior object: viz ex. gr.
1. By the factitious expence attached to litigation,
for the sake of the profit
extractible from the offence.
⊞2.3. By the expence and vexation
2. By the vexation inflicted on produced to
the defendant by the expence and
trouble of his defender defending himself:
3. By the uncertainty of the law
as above (II. 1, 2, 3, 4, 5, 6, 7.)
ex gr viz. the uncertainty whether
even suppose pecuniary sufficiency
not wanting, he may be
able, under the law, to defend
himself with success – by this
uncertainty, and the vexation attached
to it.
4. By the factitious delay which the manufacture
of which has for its
principal and more immediate main objects, the profit-yielding
expence, in all causes, whether
be the cause what which it will a bonâ
or malâ fide cause, and the
encouragement it holds out for
commencing and persevering in continuing defence it in a malâ
fide cause in which the mala
fides is on the defendants side
(as per II. 10.)
Identifier: | JB/106/206/002"JB/" can not be assigned to a declared number type with value 106. |
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1807-06-04 |
33-34 |
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106 |
scotch reform |
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206 |
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002 |
devices for promoting litigation / letter v |
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marginal summary sheet |
1 |
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verso |
e8 |
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jeremy bentham |
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57871001 |
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