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<head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 5<lb/>Law Amendment +</head> <p><note>Propositions<lb/><sic>Ch</sic> Procedure<lb/>Existing System<lb/>Equity delay</note></p> <p><note>1<lb/>Erroneous supposition.<lb/>Delay <add>not</add> more necessary<lb/>in Equity than other Suits</note></p> <p><del><gap/></del> On the present occasion, <unclear>mere</unclear> subject matter of complaint<lb/><del>a</del> delay: <del><gap/></del> Judicatory <del>next</del> <add>most</add> complained of on this score the <add>Equity</add> Courts <del>of<lb/>Equity</del>.<!-- brackets in pencil --> [Excuse, yes: to delay still more: of the cause of this<lb/>distraction honestly] On <add>What on</add> all hands is admitted <add>is &#x2014;</add> that in the Equity<lb/>Court the quantity <add>length</add> of delay is matter for <del><gap/></del> <add>severe</add> and just report.  But<lb/>by <gap/> it is contended that in <gap/> proceeding, delay equal or not much <del><gap/></del> <add>inferior</add> to that which <del>actully</del> <add>actually</add> has<lb/>place or mandate</p> <p><del>Suits <gap/> to be continuous: for the several purpose<lb/>there</del></p> <p><note>2<lb/><del>True</del> Only in so far<lb/>as suits continuous by<lb/>nature <del>are</del> <sic>cognizanced</sic><lb/>by Equity Courts</note></p> <p>Suits themselves suits continuous: for holding up the matter<lb/>in question in a clear point of view, this distinction is <add>a precious and indispensable</add> view<lb/><unclear>likewise</unclear> by accident <del>and</del> every consequent suit <del>if</del> is liable to<lb/>be witness the <unclear>eloquent</unclear> of evidence  For the length of the time during<lb/>which on the occasion of any suit it may happen to see a piece<lb/>of evidence altogether indispensable <add>necessary to Justice</add> to be unforthcoming unprocurable<lb/>no hands can be assigned: half a day is itself an<lb/><gap/></p> <p><note>3<lb/>Those left to Equity,<lb/>because Common Law<lb/>has no machinery applicable<lb/>to them.</note></p> <p>Because the sort of suits continuous by nature.  For sake of<lb/>these sorts the Common Law Courts by means of the course of practice<lb/>pursued by them <add>from the beginning of time the <unclear>extant</unclear> case</add> being either absolutely or comparatively incapable<lb/><del>have</del> to the <del><gap/></del> Equity Courts it is that suits continuous by <add>are those under the cognizance of the</add><lb/>nature have fallen those suits have fallen which are <gap/> by<lb/>nature.</p> <p><note>4<lb/>From the need of<lb/>Equity Court Power in<lb/>these cases advantage<lb/>has been taken to apply<lb/>the same factitious<lb/>delay<lb/>to all other cases<lb/>actual as by Equity<lb/>Courts.</note></p> <p>Of the <del>delay</del> question of delay which in the one set of cases<lb/>is <add>thus</add> unavoidable advantage has been taken to organize a system<lb/>of delay as near approaching it as may be in cases in which<lb/>it is <sic>compleatly</sic> avoidable: and not merely avoidable, but in judicatory<lb/>of other description actually and <sic>compleatly</sic> <add>effectually to a correspondent degree</add> avoidable.</p>
 
 


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1827. Novr. 5
Law Amendment +

Propositions
Ch Procedure
Existing System
Equity delay

1
Erroneous supposition.
Delay not more necessary
in Equity than other Suits

On the present occasion, mere subject matter of complaint
a delay: Judicatory next most complained of on this score the Equity Courts of
Equity
. [Excuse, yes: to delay still more: of the cause of this
distraction honestly] On What on all hands is admitted is — that in the Equity
Court the quantity length of delay is matter for severe and just report. But
by it is contended that in proceeding, delay equal or not much inferior to that which actully actually has
place or mandate

Suits to be continuous: for the several purpose
there

2
True Only in so far
as suits continuous by
nature are cognizanced
by Equity Courts

Suits themselves suits continuous: for holding up the matter
in question in a clear point of view, this distinction is a precious and indispensable view
likewise by accident and every consequent suit if is liable to
be witness the eloquent of evidence For the length of the time during
which on the occasion of any suit it may happen to see a piece
of evidence altogether indispensable necessary to Justice to be unforthcoming unprocurable
no hands can be assigned: half a day is itself an

3
Those left to Equity,
because Common Law
has no machinery applicable
to them.

Because the sort of suits continuous by nature. For sake of
these sorts the Common Law Courts by means of the course of practice
pursued by them from the beginning of time the extant case being either absolutely or comparatively incapable
have to the Equity Courts it is that suits continuous by are those under the cognizance of the
nature have fallen those suits have fallen which are by
nature.

4
From the need of
Equity Court Power in
these cases advantage
has been taken to apply
the same factitious
delay
to all other cases
actual as by Equity
Courts.

Of the delay question of delay which in the one set of cases
is thus unavoidable advantage has been taken to organize a system
of delay as near approaching it as may be in cases in which
it is compleatly avoidable: and not merely avoidable, but in judicatory
of other description actually and compleatly effectually to a correspondent degree avoidable.



Identifier: | JB/056/234/001"JB/" can not be assigned to a declared number type with value 56.

Date_1

1827-11-05

Marginal Summary Numbering

1-4

Box

056

Main Headings

Law Amendment

Folio number

234

Info in main headings field

Law Amendment

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

C1 / E1

Penner

Watermarks

Marginals

Jeremy Bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18290

Box Contents

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