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Review.</head> | Review.</head> | ||
<p>a trap for the pleading and one of them <gap/> Making<lb/> | <p>a trap for the pleading and one of them <add><del><gap/></del> Making</add><lb/> | ||
legation who had <gap/> it would have escaped.</p> | <unclear>legation</unclear> who had <gap/> it would have escaped.</p> | ||
<p>All<gap/> somebody<lb/> | <p>All<gap/> somebody<lb/> | ||
a phrase of O.P.Q..!</p> | a <unclear>phrase</unclear> of O.P.Q..!</p> | ||
<note>3 Legacia<lb/> | <note>3 Legacia<lb/> | ||
| Line 24: | Line 24: | ||
<note>21<lb/> | <note>21<lb/> | ||
No suit in local Courts<lb/> | No suit in local Courts<lb/> | ||
for legacies claimed<lb/> | for legacies <del>claimed<lb/> | ||
in other for which<lb/> | in other</del> for which<lb/> | ||
suits pending in<lb/> | |||
other Courts</note> | other Courts</note> | ||
< | <note>22<lb/> | ||
Power to Judge to<lb/> | Power to Judge to<lb/> | ||
suspend | suspend decision till<lb/> | ||
suits pending in other<lb/> | suits pending in other<lb/> | ||
courts decided</ | courts decided</note> | ||
<p>For then his Honour — for his Lordship — for the whole of the learned population<lb/> | <p>For then his Honour — for his Lordship — for the whole <add>of the learned</add> population<lb/> | ||
of the Equity Courts for those interests second those wish in comparison of<lb/> | of the Equity Courts for those interests <add><unclear>second those wish</unclear></add> in comparison of<lb/> | ||
which the interest of the 13 million are all together but one<lb/> | which the interest of the 13 million are all together but one<lb/> | ||
a drop in the full bucket would you see how tender the<lb/> | a drop in the full bucket would you see how tender the<lb/> | ||
regard the sympathy how sincere the regard how attentive<lb/> | regard the sympathy how sincere the regard how attentive<lb/> | ||
the care of our learned Draughtsman, here, <gap/> §.87.88<lb/> | the care of our learned Draughtsman, here, <gap/> §.87.88<lb/> | ||
the two sections with which this <gap/> part of the Bill here in question,<lb/> | the two sections with which this <del><gap/></del> part of the Bill <add>here in question</add>,<lb/> | ||
<gap/> the part of which <gap/> legacies | <del><gap/></del> the part of which <add><del><gap/></del></add> legacies to <del><gap/></del> an<lb/> | ||
amount not exceeding the small amount in question are the subject<lb/> | amount not exceeding the small amount in question are the subject<lb/> | ||
matter</p> | matter</p> | ||
<p>By §77 By no person, by whom in any other Court<lb/> | <p>By §77 By no person, by whom in any other Court<lb/> | ||
(Equity of course excluded) <gap/> a claim of legacy "has been determined<lb/> | (Equity of course excluded) <del><gap/></del> <add>a claim of legacy "has been determined<lb/> | ||
or <gap/> or is still pending<lb/> | or</add> <del><gap/></del> or is still pending<lb/> | ||
shall that same legacy be sued for in this Court. Nor is<lb/> | "shall that same legacy be sued for in this Court. Nor is<lb/> | ||
<gap/> unless <gap/> <gap/> for the legacy in question <gap/> a <note>deed has already been<lb/> | <gap/> unless <del><gap/> <add><gap/></add></del> <add>for the</add> legacy <add>in question</add> <del><gap/></del> a <note>deed has already been<lb/> | ||
<gap/> instituted in this Court, is</note><lb/> | <del><gap/></del> <add>instituted</add> in this Court, is</note><lb/> | ||
any person intituled from suing in an Equity Court<lb/> | any person intituled from suing <del>in an Equity Court<lb/> | ||
for <gap/> for it <gap/> in an Equity Court<lb/> | for <gap/></del> for it <add><gap/></add> in an Equity Court<lb/> | ||
Of the first of these protections, <gap/> Courts Christian, though<lb/> | Of the first of these protections, <del><gap/></del> Courts Christian, though<lb/> | ||
not by name expressly, yet <gap/>, namely <gap/> by the generality of the word Court, let in<lb/> | not <del>by name</del> <add>expressly, yet <gap/>, namely</add> <del><gap/></del> by the generality of the word <hi rend="underline">Court</hi>, let in<lb/> | ||
for the benefit: not so, <gap/> to that of the second of these same protections.</p> | for the benefit: not so, <del><gap/></del> <add>to that of</add> the second of these same protections.</p> | ||
<p>By §.78 [+]..<lb/> | <p>By §.78 <add>[+]..</add><lb/> | ||
<note>[+] if any "claim of legacy" ...<lb/> | <note><hi rend="superscript">[+]</hi> <add>if</add> any "claim of legacy" ...<lb/> | ||
has been "brought by<lb/> | has been "brought by<lb/> | ||
"virtue of this bill, either<lb/> | "virtue of this bill, either<lb/> | ||
"upon matter alledged<lb/> | "upon matter <sic>alledged</sic><lb/> | ||
"(whether truly or not) in<lb/> | "(whether truly or not) in<lb/> | ||
"any article or articles filed,<lb/> | "any article or articles filed,<lb/> | ||
| Line 68: | Line 68: | ||
at the hearing of such<lb/> | at the hearing of such<lb/> | ||
claim," then</note><lb/> | claim," then</note><lb/> | ||
if pending in any other Court there is "pending" any<lb/> | if <add>pending</add> in any other Court there is "pending" any<lb/> | ||
"proceeding which is likely to affect in any way the final decision<lb/> | "proceeding which is likely to affect in any way the final decision<lb/> | ||
"of such claim," power to Judge "to suspend it or dismiss it altogether:<lb/> | "of such claim," power to Judge "to suspend it or dismiss it altogether:<lb/> | ||
and here again care is taken that "the having begun<lb/> | and here again care is taken that "the having begun<lb/> | ||
"a proceeding before the said Judge Ordinary shall not in any way prejudice<lb/> | "a proceeding before the said Judge Ordinary shall not <add>in any way</add> prejudice<lb/> | ||
"the right of the person or persons(a) claiming, or those<lb/> | "the right of the person or persons<hi rend="superscript">(a)</hi> claiming, or those<lb/> | ||
"claiming through <gap/> and under him <gap/> or | "claiming through <del><gap/></del> and under him <del><gap/></del> or them<lb/> | ||
"from proceeding in any other Court for the recovery of the said<lb/> | "from proceeding in any other Court for the recovery of the said<lb/> | ||
"legacy."</p> | "legacy."</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1830. July 28 M
Review.
a trap for the pleading and one of them Making
legation who had it would have escaped.
All somebody
a phrase of O.P.Q..!
3 Legacia
Reinquiries
20
Broughams care
of interests of Equity
Judges in opposition
to the interest of
13 millions
21
No suit in local Courts
for legacies claimed
in other for which
suits pending in
other Courts
22
Power to Judge to
suspend decision till
suits pending in other
courts decided
For then his Honour — for his Lordship — for the whole of the learned population
of the Equity Courts for those interests second those wish in comparison of
which the interest of the 13 million are all together but one
a drop in the full bucket would you see how tender the
regard the sympathy how sincere the regard how attentive
the care of our learned Draughtsman, here, §.87.88
the two sections with which this part of the Bill here in question,
the part of which legacies to an
amount not exceeding the small amount in question are the subject
matter
By §77 By no person, by whom in any other Court
(Equity of course excluded) a claim of legacy "has been determined
or or is still pending
"shall that same legacy be sued for in this Court. Nor is
unless for the legacy in question a deed has already been
instituted in this Court, is
any person intituled from suing in an Equity Court
for for it in an Equity Court
Of the first of these protections, Courts Christian, though
not by name expressly, yet , namely by the generality of the word Court, let in
for the benefit: not so, to that of the second of these same protections.
By §.78 [+]..
[+] if any "claim of legacy" ...
has been "brought by
"virtue of this bill, either
"upon matter alledged
"(whether truly or not) in
"any article or articles filed,
"or in the of witnesses
at the hearing of such
claim," then
if pending in any other Court there is "pending" any
"proceeding which is likely to affect in any way the final decision
"of such claim," power to Judge "to suspend it or dismiss it altogether:
and here again care is taken that "the having begun
"a proceeding before the said Judge Ordinary shall not in any way prejudice
"the right of the person or persons(a) claiming, or those
"claiming through and under him or them
"from proceeding in any other Court for the recovery of the said
"legacy."
|
Identifier: | JB/004/185/001"JB/" can not be assigned to a declared number type with value 4. |
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1830-07-28 |
20-22 |
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004 |
lord brougham displayed |
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185 |
review |
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001 |
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text sheet |
1 |
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recto |
c13 / c8 |
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jeremy bentham |
j whatman turkey mill 1829 |
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jonathan blenman |
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1828 |
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2106 |
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