JB/056/257/001

Click Here To Edit

1828 July 21 C2
Jud

Judiciary
Multiplication of time
and place

39
In proportion to increase
of times & places — fees
increased.

But in proportion as encrease is given to the aggregate
of the number of times in which and places in which in relation to the demand some thing or other is done, and
to the interval of distance between time and time and more
between place and place, encrease is given to the aggregate
amount of fees. And there it is that on the occasion of a demand press
made on an occasion on which the partial and then assistant witnesses
have all of them with a stones throw of one another as Cumberland the Land's end
in Cornwall the demand matters are so ordered that the demand
can not be made performed any where but in London, nor the trial
though performed in Cornwall performed but at
the end of half a year in which year or several years, the Judge
before whom the trial is to be performed not going to Cornwall
more than twice in the year nor staying there more than two or
three days, whatsoever be the number of the suits he trials
suits demands on the occasion of which trials are to be performed.

40
Plaintiff in Cornwall may lose his demand
from non attendance
of a witness bought off. Second
will Suit t in London to
be allowed to bring a third
in Cornwall: expences of two
first likely to disable him
from carrying on the
third.

Mean time for proof of the delivery of some written
instrument of evidence or notice, perhaps necessary to satisfy the a Jury perhaps not
necessary, which every body knows has been delivered, it has
been made necessary that a witness should go down to Cornwall
from London [or from Cumberland] the witness does
not appear: he has been bought off, he does not choose to attend or due notice to attend has not been
received by him or at the paper has been mislaid,
and can not be found time enough. The plaintiff B. the demand
of the plaintiff was so well grounded, he then loses
the effect of it. Thereupon comes the question whether at the
end of the next half year or the next year there shall
be a new trial shall be performed. This qu It is in
London and London only that this question can be argued
and thus it is that a second suit is carried on, in a way different from the first, for the purpose
of determining whether a third suit should be carried on in
the same way with the first. On this second suit the determination
may be for the plaintiff or against him: but if for him the probability is not
not such that by the
costs of the two suits, he
may have been rendered utterly
unable to carry though the
third.

Identifier: | JB/056/257/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1828-07-21	Marginal Summary Numbering	39-40
Box	056	Main Headings	Procedure Code
Folio number	257	Info in main headings field	Jud
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C2 / F13
Penner		Watermarks	B&M 1828
Marginals	George Bentham	Paper Producer	Arthur Moore; Richard Doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	18313
Box Contents