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<p><!-- pencil -->10 April 1805<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Evidence</head></p>
 
<p>9.  That in all instances in which misdecision would be <add>is</add> productive<lb/>
 
of <add>a</add> greater degree of professional <add>lawyers</add> or official profit than<lb/>
 
right decision, misdecision <add>the wrong course</add> be the course adopted in preference:<lb/>
<add>at any rate provided</add> if a pretence can be found capable of reconciling <add>hiding from</add> the eye of<lb/>
the public to the injustice.</p>
<p>If, <del>the effect</del> of the misdecision thus pronounced to the prejudice<lb/>
of the party <add>him</add> who is in the right the effect be <del>the giving</del> confined<lb/>
to that individual suit, leaving open to him the expectation of<lb/>
right decision, that is of a decision favourable to him, in<lb/>
case of another suit carried on in relation to the same demand,<lb/>
he natural effect of such misdecision is to produce <hi rend="underline">two</hi> suits <add>give birth to a second<lb/>
suit in addition to the first</add> instead of <hi rend="underline">one</hi>.</p>
<p>In this interest may be <add>traced</add> found the origin of <add>seen the source a principal source of that</add> decisions or<lb/>
<add>class of decisions which <del>for</del> are pronounced on</add> the ground of <hi rend="underline">informality</hi>, or <hi rend="underline">nullity</hi>:  decisions on grounds of all<lb/>
sorts foreign to the <hi rend="underline">merits</hi>.  &#9758; Add Appeals Injunctions &amp;c.</p>
<p><unclear>First</unclear> <unclear>twice</unclear> of technical procedure:<lb/>
<unclear>thrice</unclear> for increasing the number of <add>profitable</add> suits:  also of<lb/>
the mass of profitable proceedings in each given suit.  Decisions<lb/>
on the ground of informality.</p>
<p>10.  That whatever be the <add>amount of</add> profit extracted from the aggregate mass of<lb/>
suits, by the constructors of the system, the quantity of <del><gap/></del><lb/>
inconvenience sustained by themselves in the extraction of it, viz.<lb/>
in the shape of <del>labour, expence, vexation and delay</del> <add>vexation and delay (vexation including labour and expense)</add> (view delay<lb/>
in respect of the receipt of the profit) be as small as possible.</p>
<p>Of these two interests, <add>that which respects</add> the extraction of profit may be termed<lb/>
the <hi rend="underline">main</hi> interest:  that which respects the avoidance of vexation and<lb/>
delay, the <hi rend="underline">collateral</hi> interest.</p>
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{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
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Latest revision as of 18:00, 20 October 2023

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10 April 1805
Evidence

9. That in all instances in which misdecision would be is productive
of a greater degree of professional lawyers or official profit than
right decision, misdecision the wrong course be the course adopted in preference:
at any rate provided if a pretence can be found capable of reconciling hiding from the eye of
the public to the injustice.

If, the effect of the misdecision thus pronounced to the prejudice
of the party him who is in the right the effect be the giving confined
to that individual suit, leaving open to him the expectation of
right decision, that is of a decision favourable to him, in
case of another suit carried on in relation to the same demand,
he natural effect of such misdecision is to produce two suits give birth to a second
suit in addition to the first
instead of one.

In this interest may be traced found the origin of seen the source a principal source of that decisions or
class of decisions which for are pronounced on the ground of informality, or nullity: decisions on grounds of all
sorts foreign to the merits. ☞ Add Appeals Injunctions &c.

First twice of technical procedure:
thrice for increasing the number of profitable suits: also of
the mass of profitable proceedings in each given suit. Decisions
on the ground of informality.

10. That whatever be the amount of profit extracted from the aggregate mass of
suits, by the constructors of the system, the quantity of
inconvenience sustained by themselves in the extraction of it, viz.
in the shape of labour, expence, vexation and delay vexation and delay (vexation including labour and expense) (view delay
in respect of the receipt of the profit) be as small as possible.

Of these two interests, that which respects the extraction of profit may be termed
the main interest: that which respects the avoidance of vexation and
delay, the collateral interest.


Identifier: | JB/058/319/001"JB/" can not be assigned to a declared number type with value 58.

Date_1

1805-04-10

Marginal Summary Numbering

4 continued, 4a, 5-6

Box

058

Main Headings

evidence

Folio number

319

Info in main headings field

evidence

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d5 / e4

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18988

Box Contents

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