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<head>1827. <sic>Nov<hi rend="superscript">r.</hi></sic> 3<lb/>Law Amendment.</head> <p><note>Propositions<lb/><sic>Ch.</sic> Procedure</note></p> <p><note>38<lb/>Complainants professional<lb/>Assistants<lb/>interest diametrically<lb/>opposite to his duty</note></p> <p><del>Calling on the assistance of a professional</del> In the professional man<lb/>the complainant has an assistant whose interest is in a state of diametrical opposition to his appropriate duty: <del>his doing what is</del> <add>a man</add> whose <gap/><lb/>it is to swell to its maximum the mass of <sic>expence</sic> for the <gap/><lb/>of such profit as can be made out of it, and of delay, <del>and creation</del><lb/>for the <gap/> that may thereby  be <del>made</del> given to the <sic>expence</sic><lb/>to the vexation as being the unavoidable and perpetual <add>proportionate</add> accompaniment<lb/>of the delay and the sic>expence</sic>.  <add>In these respects <gap/> <gap/> <gap/><lb/>eye of the Judge(it may be aid) he will be <gap/> from pursuing to <!-- continues in the margin --> to the prejudice/detriment of his <gap/><lb/>may cause this <gap/><lb/><gap/> by sinister interest.<lb/>To a certain degree yes,<lb/>to an adequate degree<lb/>no.  For <del><gap/></del><lb/><gap/> <gap/> <gap/> whatever<lb/>passes between his Client<lb/>and his passing in secret<lb/>without being participated<lb/>in by the Judge may<lb?>on the occasion in<lb/>which <gap/> conduct beneficial<lb/>to that sinister interest<lb/>may be <gap/> in<lb/>without either cognizance<lb/>or <del><gap/></del> suspicion on<lb/>the part of the Judge.<lb/>And in the fact of his<lb/>giving <del>the</del> in so far <del><gap/></del><lb/>the interest of his client<lb/>the preference to his man<lb/>depends, his abstaining<lb/>from giving to the <gap/> <gap/> delay vexation<lb/>and <sic>expence</sic> factitious<lb/><sic>encrease</sic>.  if under the<lb/>eye of an intelligent Client<lb/>he will impose upon himself<lb?>this/such abstinence it<lb/>follows not that so he<lb/>will under the eye of<lb/>an <gap/> and unintelligent<lb/>one</add></p> <p>Be the party ever so far from competent to the carrying<lb/>to the business of himself with due effect still will his pursuer<lb/>operate as a check upon any such practice.  Then in the presence<lb/>of his professional adviser stands the party: <del>nothing</del> out of the <gap/><lb/>of the party can neither be what is said either by the <del><gap/></del><lb/>him by the professional one, or by the professional man to the<lb/>Judge.  <gap/> the party <del><gap/></del> <add>himself for the receipt if</add> for any <gap/> wanted or for the<lb/>communication of any information needful was the Judge addresses<lb/>himself to the party who then and there <gap/> can <gap/> in certainty<lb/>of receiving it.</p> <p>To the not only <gap/> but compelling a person to<lb/>furnish information in a matter not his own <gap/> <gap/> any<lb?>objection on that score made, with what <gap/> will any<lb/>such objection be made to a person bound to the like alliance<lb/>in an interest which is his own for the purpose of his own<lb/>business? <add>For such compulsion</add> What reason can <del>give</del> be given in the one case<lb/>which does <gap/> <add>apply, and</add> operate and with <gap/> greater force in the<lb/>other?</p>
 
 


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Revision as of 09:46, 24 June 2025

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1827. Novr. 3
Law Amendment.

Propositions
Ch. Procedure

38
Complainants professional
Assistants
interest diametrically
opposite to his duty

Calling on the assistance of a professional In the professional man
the complainant has an assistant whose interest is in a state of diametrical opposition to his appropriate duty: his doing what is a man whose
it is to swell to its maximum the mass of expence for the
of such profit as can be made out of it, and of delay, and creation
for the that may thereby be made given to the expence
to the vexation as being the unavoidable and perpetual proportionate accompaniment
of the delay and the sic>expence</sic>. In these respects
eye of the Judge(it may be aid) he will be from pursuing to to the prejudice/detriment of his
may cause this
by sinister interest.
To a certain degree yes,
to an adequate degree
no. For
whatever
passes between his Client
and his passing in secret
without being participated
in by the Judge may<lb?>on the occasion in
which conduct beneficial
to that sinister interest
may be in
without either cognizance
or suspicion on
the part of the Judge.
And in the fact of his
giving the in so far
the interest of his client
the preference to his man
depends, his abstaining
from giving to the delay vexation
and expence factitious
encrease. if under the
eye of an intelligent Client
he will impose upon himself<lb?>this/such abstinence it
follows not that so he
will under the eye of
an and unintelligent
one

Be the party ever so far from competent to the carrying
to the business of himself with due effect still will his pursuer
operate as a check upon any such practice. Then in the presence
of his professional adviser stands the party: nothing out of the
of the party can neither be what is said either by the
him by the professional one, or by the professional man to the
Judge. the party himself for the receipt if for any wanted or for the
communication of any information needful was the Judge addresses
himself to the party who then and there can in certainty
of receiving it.

To the not only but compelling a person to
furnish information in a matter not his own any<lb?>objection on that score made, with what will any
such objection be made to a person bound to the like alliance
in an interest which is his own for the purpose of his own
business? For such compulsion What reason can give be given in the one case
which does apply, and operate and with greater force in the
other?



Identifier: | JB/056/209/001"JB/" can not be assigned to a declared number type with value 56.

Date_1

1827-11-03

Marginal Summary Numbering

38-39

Box

056

Main Headings

Law Amendment

Folio number

209

Info in main headings field

Law Amendment

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

D11 / E11

Penner

Watermarks

Marginals

George Bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18265

Box Contents

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