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desire or an aversion which the Law has taken<lb/> | desire or an aversion which the Law has taken<lb/> | ||
under it's dominion, of keeping it up, I say,<lb/> | under it's dominion, of keeping it up, I say,<lb/> | ||
in the course of expectation. </p> | in the course of expectation. </p> <pb/> | ||
<pb/> | |||
<p><note>MISCHIEFS of DELAY</note> | |||
Now that Distribution if [||] | |||
<note>[||] if turned out of that course, or in other words, it is <del>has been</del> violated</note> | |||
violated in any instance<lb/> | |||
is violated for ever, or [only] for a time.<lb/> | |||
<del><unclear>If there</unclear></del> <add>Now therefore</add> <del>Whensoever therefore</del> an object <add>(for example)</add> of desire<lb/> | |||
<del>for example</del> having been brought into litigation; <del>and</del><lb/> | |||
has been adjudicated to that one of the litigants<lb/> | |||
who was not in possession: <del>it thence appears that</del> <add>it has been violated for a time — It has been violated <hi rend='superscript'>[+]</hi></add><lb/> | |||
<note><hi rend='superscript'>[+]</hi> from the <del><gap/></del> <add>first moment in</add> which he ought to have had the object in possession, but had it not, to the moment at which the execution of the Judgment gave it him, that is</note> | |||
during that it has taken up to conduct the<lb/> | |||
question through the stages of procedure,<lb/> | |||
Still therefore the party to whose prejudice<lb/> | |||
the violation of the distribution in that instance<lb/> | |||
accrues has suffer'd an injury: that is has<lb/> | |||
suffer'd wrongfully a pain; which pain tho'<lb/> | |||
not equal to what it would have been had<lb/> | |||
the violation been for ever, bears a certain ratio<lb/> | |||
to it.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
PROCEDURE CIVIL.
END. the 1st object of consideration
The entering upon the examination of the course system
of Procedure, the first thing we have to do is to
know its end: because the expedience of it in
any instance is nothing but the it subserviency nor
the inexpedience but the insubserviency of it to this
end.
END. what—
The End of Civil Procedure is the keeping up
the distribution of those objects whether of
desire or an aversion which the Law has taken
under it's dominion, of keeping it up, I say,
in the course of expectation.
---page break---
MISCHIEFS of DELAY
Now that Distribution if [||]
[||] if turned out of that course, or in other words, it is has been violated
violated in any instance
is violated for ever, or [only] for a time.
If there Now therefore Whensoever therefore an object (for example) of desire
for example having been brought into litigation; and
has been adjudicated to that one of the litigants
who was not in possession: it thence appears that it has been violated for a time — It has been violated [+]
[+] from the first moment in which he ought to have had the object in possession, but had it not, to the moment at which the execution of the Judgment gave it him, that is
during that it has taken up to conduct the
question through the stages of procedure,
Still therefore the party to whose prejudice
the violation of the distribution in that instance
accrues has suffer'd an injury: that is has
suffer'd wrongfully a pain; which pain tho'
not equal to what it would have been had
the violation been for ever, bears a certain ratio
to it.
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procedure civil |
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jeremy bentham |
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