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<p>As between individual and individual, if <del>by any</del><lb/> | |||
in case of failure on the part <del><gap/></del> of <add>it had happened to</add> one party, the<lb/> | |||
other had by any lawful means <del>between</del> to find himself<lb/> | |||
in possession of a source of indemnification, <del>a</del> <add>to any</add> Court<lb/> | |||
of Equity it would never <add><gap/></add> occurred to divest<lb/> | |||
the party of such possession without provision made<lb/> | |||
that in some other shapes such indemnification as<lb/> | |||
should appear to be due should be put into his<lb/> | |||
hands.</p> | |||
<p>If <del>this</del> such be justice and Equity as between <add>in the case of</add> individual<lb/> | |||
and individual.</p> | |||
<p>If such according to justice and equity would be<lb/> | |||
the advantage attached to possession in a case between<lb/> | |||
individual and individual, surely there can not be less<lb/> | |||
reason for it in a case where as here government<lb/> | |||
by its irresistible power without allowing to the party so<lb/> | |||
much as a hearing takes upon itself to rescind a Contract<lb/> | |||
of its own making – not <add><del>for</del></add> in any the least surmize of<lb/> | |||
<del>abuse, but for what it looks upon as</del> <add>fraud or abuse or fraud in any shape, but in short because</add><lb/> | |||
it is not its will and pleasure to be bound by it.</p> | |||
<p>If there ever were such a <del>thing as</del> <add>case as that of</add> a <del><gap/></del> bonâ fide<lb/> | |||
possession surely this is one: and to the unavoidable<lb/> | |||
hardship of the case why should it add any that is<lb/> | |||
not unavoidable?</p> | |||
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As between individual and individual, if by any
in case of failure on the part of it had happened to one party, the
other had by any lawful means between to find himself
in possession of a source of indemnification, a to any Court
of Equity it would never occurred to divest
the party of such possession without provision made
that in some other shapes such indemnification as
should appear to be due should be put into his
hands.
If this such be justice and Equity as between in the case of individual
and individual.
If such according to justice and equity would be
the advantage attached to possession in a case between
individual and individual, surely there can not be less
reason for it in a case where as here government
by its irresistible power without allowing to the party so
much as a hearing takes upon itself to rescind a Contract
of its own making – not for in any the least surmize of
abuse, but for what it looks upon as fraud or abuse or fraud in any shape, but in short because
it is not its will and pleasure to be bound by it.
If there ever were such a thing as case as that of a bonâ fide
possession surely this is one: and to the unavoidable
hardship of the case why should it add any that is
not unavoidable?
Identifier: | JB/118/356/001"JB/" can not be assigned to a declared number type with value 118. |
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118 |
panopticon |
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356 |
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001 |
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text sheet |
1 |
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recto |
f6 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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39410 |
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