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<head>28 Nov. 1810. <lb/>Prizes<lb/></head> | <head>28 Nov. 1810. <lb/>Prizes<lb/></head> | ||
<note>19 <lb/>Ch. 1. Beginning <lb/>8 §. 4. III Insufficiency <lb/>22</note> <lb/> | |||
<note>19 <lb/>Ch. 1. Beginning <lb/>8 §. 4. III Insufficiency <lb/>22 <lb/>18 <lb/>Law Agents are <lb/><add>commonly</add> distinguished into <lb/>1. Official<lb/>2. Professional:<lb/>1. Official: viz Judge and his <lb/>subordinates, acting for <lb/><add>the</add> parties on both sides <lb/>and not chosen by <lb/>either:<lb/>2. Professional: viz <lb/>Attorneys and <lb/>Advocates, acting for <lb/>and chosen by each <lb/>suitor.</note> | <p>To compleat the system of mismanagement not more is requisite than<lb/>to give to others <add>hands</add> the nomination of a mans commercial agents.<lb/></p> | ||
<note>18 <lb/>Law Agents are <lb/><add>commonly</add> distinguished into <lb/>1. Official<lb/>2. Professional:<lb/>1. Official: viz Judge and his <lb/>subordinates, acting for <lb/><add>the</add> parties on both sides <lb/>and not chosen by <lb/>either:<lb/>2. Professional: viz <lb/>Attorneys and <lb/>Advocates, acting for <lb/>and chosen by each <lb/>suitor.</note><lb/><p>Under the name of law agents may be comprized<lb/>all those <del>to</del> whose co-operation <add>in whose instrumentality</add> his obtainment of<lb/>this immediate title depends.<lb/></p><p>On all other occasions the class thus composed<lb/>admitts <add>has admitted</add> of a well known division, expressed by the <add>the two branches of which are <add>stand</add><lb/>named official <add>judicial</add> and professional: official and professional<lb/>lawyers: the official, composed of the Judge and the <add>his</add><lb/>official persons <add>assistants and subordinates</add> acting under his directions, chosen<lb/>by neither party and acting without partiality on<lb/>behalf of both and so far as is consistent with justice,<lb/>promoting the interest and providing for the security<lb/>of both: the professional, chosen respectively by the<lb/>parties, and neither providing nor professing to provide,<lb/>any one of them, for the interest or security of<lb/>any party <del>any</del> other than that one by whom <add>he</add> himself<lb/>was chosen for that purpose.<lb/></p> | |||
<note>19 <lb/>This case presents <lb/>an extraordinary <lb/>exception.<lb/> | <note>19 <lb/>This case presents <lb/>an extraordinary <lb/>exception.<lb/> | ||
Commanders law <lb/>agents (he being the | Commanders law <lb/>agents (he being the <lb/>only captor responsible) <lb/>are not <lb/>professional, but <lb/>official: chosen for <lb/>him not by himself<lb/>This <add>vexation</add> is <gap/> <lb/>drawback from the <lb/>value of the proffered<lb/>reward. <lb/>See Rept, IIe</note> <lb/><p>By a singular and most extraordinary exception,<lb/><del>this division has no application in the present<lb/>case </del> the application of this division extends not <add>has been <del>is</del> kept from extending itself</add> to<lb/>the present case. The persons in the skill, diligence<lb/>and fidelity of whose services the hopes of the captors <add>in general</add> ,<lb/>and in particular of the Commander on whom <add>whose shoulders</add> the whole<lb/>burthen of responsibility depends <add>rests</add> are chosen not by <del>any</del><lb/>him - not by any other of them, but of another person<lb/>to whom their interests are neither a subject of knowledge<lb/>nor an object of care.<lb/></p> <p>Of that portion of <add>the matter of</add> discouragement, which comes under<lb/>the denomination of vexation, the idea of acting, under the<lb/>yoke of this species of monopoly and arbitrary power, can not but be considered as<lb/>contributing a very considerable <lb/>share.<lb/></p><pb/> | ||
<p>By a singular and most extraordinary exception,<lb/><del>this division has no application in the present<lb/>case </del> the application of this division extends not <add>has been <del>is</del> kept from extending itself</add> to<lb/>the present case. The persons in the skill, diligence<lb/>and fidelity of whose services the hopes of the captors <add>in general</add> ,<lb/>and in particular of the Commander on whom <add>whose shoulders</add> the whole<lb/>burthen of responsibility depends <add>rests</add> are chosen not by <del>any</del><lb/>him - not by any other of them, but of another person<lb/>to whom their interests are neither a subject of knowledge<lb/>nor an object of care.<lb/></p> <p>Of that portion of <add>the matter of</add> discouragement, which comes under<lb/>the denomination of vexation, the idea of acting, under the<lb/>yoke of this species of monopoly and arbitrary power, can not but be considered as<lb/>contributing a very considerable <lb/>share.<lb/></p><pb/> | |||
28 Nov. 1810.
Prizes
19
Ch. 1. Beginning
8 §. 4. III Insufficiency
22
To compleat the system of mismanagement not more is requisite than
to give to others hands the nomination of a mans commercial agents.
18
Law Agents are
commonly distinguished into
1. Official
2. Professional:
1. Official: viz Judge and his
subordinates, acting for
the parties on both sides
and not chosen by
either:
2. Professional: viz
Attorneys and
Advocates, acting for
and chosen by each
suitor.
Under the name of law agents may be comprized
all those to whose co-operation in whose instrumentality his obtainment of
this immediate title depends.
On all other occasions the class thus composed
admitts has admitted of a well known division, expressed by the the two branches of which are <add>stand
named official judicial and professional: official and professional
lawyers: the official, composed of the Judge and the his
official persons assistants and subordinates acting under his directions, chosen
by neither party and acting without partiality on
behalf of both and so far as is consistent with justice,
promoting the interest and providing for the security
of both: the professional, chosen respectively by the
parties, and neither providing nor professing to provide,
any one of them, for the interest or security of
any party any other than that one by whom he himself
was chosen for that purpose.
19
This case presents
an extraordinary
exception.
Commanders law
agents (he being the
only captor responsible)
are not
professional, but
official: chosen for
him not by himself
This vexation is
drawback from the
value of the proffered
reward.
See Rept, IIe
By a singular and most extraordinary exception,
this division has no application in the present
case the application of this division extends not has been is kept from extending itself to
the present case. The persons in the skill, diligence
and fidelity of whose services the hopes of the captors in general ,
and in particular of the Commander on whom whose shoulders the whole
burthen of responsibility depends rests are chosen not by any
him - not by any other of them, but of another person
to whom their interests are neither a subject of knowledge
nor an object of care.
Of that portion of the matter of discouragement, which comes under
the denomination of vexation, the idea of acting, under the
yoke of this species of monopoly and arbitrary power, can not but be considered as
contributing a very considerable
share.
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Jeremy Bentham |
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