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it can only be come at by <sic>oestimation<!-- ligature --></sic> — The Question is how <add>by what means <add>contrivance</add></add> <add>the fidelity of</add> that <sic>oestimation<!-- ligature --></sic> <lb/> | it can only be come at by <sic>oestimation<!-- ligature --></sic> — The Question is how <add>by what means <add>contrivance</add></add> <add>the fidelity of</add> that <sic>oestimation<!-- ligature --></sic> <lb/> | ||
shall be ensured?</p> | shall be ensured?</p> | ||
<p>11.<lb/> | |||
To leave it simply to either party would be too perilous & trying to their consciences<lb/> | |||
the one would have <add>live under</add> a strong Interest <add>temptation</add> to reduce it too low, the other to screw it<lb/> | |||
up too high.</p> | |||
<p><lb/>12. | |||
The way to remedy <add>preclude <add>guard against</add></add> this disadvantage <add>this danger</add> is to <del>give</del> find out a method in giving <add><unclear>creating</unclear> in</add> the <gap/><!-- word cut off at edge of page --> <lb/> | |||
<sic>oestimating<!-- ligature --></sic> an interest in the reasonableness of the <sic>oestimation</sic>.</p> | |||
<p>13.<lb/> | |||
Now that party must be <add>is</add> either the Plff in Error, or the Def<hi rend='superscript'>t</hi>.</p> | |||
<p>14<lb/> | |||
The Def<hi rend='superscript'>t</hi>. <add>Plff in Error.</add> is interested to reduce the value that he may have the less to pay — the<lb/> | |||
way to <unclear>counteract</unclear> that Interest is by obliging him to take the Sum <add>at</add> which he <unclear><sic>oestimates</sic></unclear><!-- word cut off at edge of page --> <lb/> | |||
it, for his demand, if he prevails: <note>As is <sic>practised</sic> in the case of Appraisers</note> | |||
by which of consequence, if he <add>assesses</add><lb/> | |||
it too low he will be a loser.</p> | |||
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DELAY By Writs of Error. 2.
8
desirable than the full Interest for the forbearance
9.
The requisition of an Affidavit of merits made in some cases is a delicate & hazardous precarious expedient
This Interest to be computed from the day of the signing of the Judgment in the
Court below, to that whereon Execution may be taken out — & no longer, that
Party to whom the present possession of the money is a matter of indifference, may
not take advantage of his own delay to keep in fact an extraordinary rate of
Interest.
10.
With respect to immoveables, the value of the subject [of litigation] not being here is not ascertained
it can only be come at by oestimation — The Question is how by what means <add>contrivance</add> the fidelity of that oestimation
shall be ensured?
11.
To leave it simply to either party would be too perilous & trying to their consciences
the one would have live under a strong Interest temptation to reduce it too low, the other to screw it
up too high.
12.
The way to remedy preclude <add>guard against</add> this disadvantage this danger is to give find out a method in giving creating in the
oestimating an interest in the reasonableness of the oestimation.
13.
Now that party must be is either the Plff in Error, or the Deft.
14
The Deft. Plff in Error. is interested to reduce the value that he may have the less to pay — the
way to counteract that Interest is by obliging him to take the Sum at which he oestimates
it, for his demand, if he prevails: As is practised in the case of Appraisers
by which of consequence, if he assesses
it too low he will be a loser.
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Identifier: | JB/050/018/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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018 |
procedure civil delay by writ of error |
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001 |
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text sheet |
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recto |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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cc1 |
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16009 |
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