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<p>1825. Nov. 28 1831 July 30<lb/> | |||
<head>Constitutional Code.</head> <note>Ch. XV Judge Deputes occasional<lb/> | |||
§. 3. Power – Referees deputable</note></p> | |||
<p><del>Instructions</del></p> | |||
<p><hi rend="underline">Instructional</hi>.<lb/> | |||
Of these two Sections the object is to afford to <del>Suitors</del> <add>parties</add><lb/> | |||
litigants all the benefit sought for by arbitration giving at <add>in whose instance right in any shape, is <del>the</del> a subject</add> <lb/> | |||
the same time to that mode advantages never as yet <add>matter of dispute, whatsoever benefit has as yet been</add><lb/> | |||
in any instance sought for by any of the arrangements<lb/> | |||
<del>given to it</del> designated by the name of arbitration, <del>toget</del><lb/> | |||
with the addition of any <del>Instructions</del> such other benefit<lb/> | |||
as the nature of things shall <del><gap/></del> be found to admit.</p> | |||
<p>In the two <del>Sections</del> modes here brought to view</p> | |||
<p><hi rend="underline">Instructional</hi><lb/> | |||
In the two <del><gap/></del> <add>means</add> here brought to view, every case<lb/> | |||
<del>every</del> case of arbitration is provided for. If the parties can<lb/> | |||
<del>fill agree</del> <add>both or all of them,</add> upon one and the same Judge <gap/>, so much the<lb/> | |||
better; but what may happen is – that a person, who could<lb/> | |||
not <del>agree with his adversary <gap/> is up</del> <add><del>consent</del> consent to any <del>such</del> such Judge as his</add> adversary could<lb/> | |||
choose or approve of, might yet consent to arbitration, on<lb/> | |||
condition of his being allowed to locate <del>some</del> <add>some</add> one person at<lb/> | |||
his choice, to support his interest.</p> | |||
<p><hi rend="underline">Instructional</hi><lb/> | |||
As to the Arbitrators <add>Referees</add> – the object of the mutual choice –<lb/> | |||
<add>the addition <del>of</del> thus made in this case</add> such <hi rend="underline">third</hi> <unclear>presence</unclear> is necessary to ensure a decision: for, if there<lb/> | |||
were <del>but two</del> <add>no more than two arbitrators</add> an <del><gap/></del> ill-disposed person, <del><gap/> <gap/></del> <add>who</add> from the first<lb/> | |||
were conscious of being in the wrong, and sure <del>of a <gap/></del><lb/> | |||
that the decision, if any, <del>would</del> <add>were come to could not but</add> be in his disfavour, <del><gap/></del><lb/> | |||
would have a sure mode of preventing such decision by<lb/> | |||
by locating a person, whom he could depend upon for not agreeing<lb/> | |||
to any thing that could be proposed of a nature detrimental<lb/> | |||
to his interest.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. Nov. 28 1831 July 30
Constitutional Code. Ch. XV Judge Deputes occasional
§. 3. Power – Referees deputable
Instructions
Instructional.
Of these two Sections the object is to afford to Suitors parties
litigants all the benefit sought for by arbitration giving at in whose instance right in any shape, is the a subject
the same time to that mode advantages never as yet matter of dispute, whatsoever benefit has as yet been
in any instance sought for by any of the arrangements
given to it designated by the name of arbitration, toget
with the addition of any Instructions such other benefit
as the nature of things shall be found to admit.
In the two Sections modes here brought to view
Instructional
In the two means here brought to view, every case
every case of arbitration is provided for. If the parties can
fill agree both or all of them, upon one and the same Judge , so much the
better; but what may happen is – that a person, who could
not agree with his adversary is up consent consent to any such such Judge as his adversary could
choose or approve of, might yet consent to arbitration, on
condition of his being allowed to locate some some one person at
his choice, to support his interest.
Instructional
As to the Arbitrators Referees – the object of the mutual choice –
the addition of thus made in this case such third presence is necessary to ensure a decision: for, if there
were but two no more than two arbitrators an ill-disposed person, who from the first
were conscious of being in the wrong, and sure of a
that the decision, if any, would were come to could not but be in his disfavour,
would have a sure mode of preventing such decision by
by locating a person, whom he could depend upon for not agreeing
to any thing that could be proposed of a nature detrimental
to his interest.
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Identifier: | JB/041/085/001"JB/" can not be assigned to a declared number type with value 41. |
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Instructional |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
C1 / D3 / E1 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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