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<!-- heading in pencil --> <head>Evidence</head> <p>1. Choice of the Court in <foreign>qua</foreign> <add> Forum in <foreign>quo</foreign></add> — English law.<lb/> If <del><gap/></del> <gap/> the <gap/> this is that consideration of utility, <del>the</del> <add>the urgency of it is</add> it appears the<lb/> <del>If in consideration In the <add>the <gap/> if a consideration</add> thought <add> appear</add> obvious</del>, <add>obvious</add> that the mention of it<lb/> seems negatory, be sure of finding it neglected in English law.</p> <p> In the fixation of the <del>Court</del> <add> forum</add> in <foreign>quo</foreign> the only consideration here<lb/> regarded, is the convenience of the parties: <add> the < | <!-- heading in pencil --> <head>Evidence</head> <p>1. Choice of the Court in <foreign>qua</foreign> <add> Forum in <foreign>quo</foreign></add> — English law.<lb/> If <del><gap/></del> <gap/> the <gap/> this is that consideration of utility, <del>the</del> <add>the urgency of it is</add> it appears the<lb/> <del>If in consideration In the <add>the <gap/> if a consideration</add> thought <add> appear</add> obvious</del>, <add>obvious</add> that the mention of it<lb/> seems negatory, be sure of finding it neglected in English law.</p> <p> In the fixation of the <del>Court</del> <add> forum</add> in <foreign>quo</foreign> the only consideration here<lb/> regarded, is the convenience of the parties: <add> the <unclear>term</unclear> is the difference, as the case may be</add> on the same occasion, this<lb/>is not the only consideration not attended to in English law</p> <p>The note under which the law on this head <add>causes</add> falls to be ranged<lb/> is that of "<hi rend="underline">changing the venue</hi>" Supposing the forum <add>already</add> not fixed<lb/> by other considerations — by some general rule, it falls naturally to<lb/>be fixed by him <add>the</add> party by whom the suit is commenced — that is<lb/>by the plaintiff. But so effectually has the matter been <unclear>perplexed</unclear><lb/> <del>with a <gap/> of giving him that option</del> that will <add>after</add> all the <del> <add><gap/></add> pretended</del> <lb/> exertions pretended to be taken with a view to certainty, the question <add>topic</add> is<lb/>kept afloat and remains still <add> an co-ex<gap/>ible</add> source of fresh contests and<lb/> fresh fees. The plaintiff, that as his Attorney, <del>choice</del> makes<lb/> choice of that forum which best suits his the plaintiff: <add>convenience</add> but what<lb/> <add>in the ordinary state of things</add> the plaintiff never knows, and his Attorney always knows is —<lb/> that this fixation will not stand good, any further than the defendant <add>adversary</add><lb/> chooses to acquiesce in it: which <add> in certain cases</add> the Attorney knows before hand<lb/> he will not do, the same circumstance which render it convenient<lb/> to the <sic>plff</sic>, rendering it inconvenient to the defendant. Hence an<lb/> application from the defendant to change the forum <add>Court</add>, to <hi rend="underline">change</hi><lb/> as the language is — the <hi rend="underline">venue</hi>: from which application, according <lb/> as it is <sic>opposable</sic> or <sic>unopposable,</sic> opposed or not opposed<lb/> is productive of more or less profit to the lawyers <add> men of law</add> more or less<lb/> vexation to the visitors, but at any rate of some, and that <add>whatever it be</add> altogether<lb/> unnecessary <add> without necessity or use</add> and <unclear>tainted</unclear> <add> therefore pregnant</add> with injustice <del>therefore</del></p> <!-- pencil line across the page --> <p> ( ) <gap/> from <hi rend="underline">ruin</hi>; the place <add> district/County <del>out</del> from out of which</add> from whence the Jury was to<lb/> <hi rend="underline">come</hi>. <foreign><gap/> <gap/></foreign> were the characteristic words in the order <add><gap/>-the</add> from<lb/> to the Sheriff of that county.</p> | ||
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Evidence
1. Choice of the Court in qua Forum in quo — English law.
If the this is that consideration of utility, the the urgency of it is it appears the
If in consideration In the the if a consideration thought appear obvious, obvious that the mention of it
seems negatory, be sure of finding it neglected in English law.
In the fixation of the Court forum in quo the only consideration here
regarded, is the convenience of the parties: the term is the difference, as the case may be on the same occasion, this
is not the only consideration not attended to in English law
The note under which the law on this head causes falls to be ranged
is that of "changing the venue" Supposing the forum already not fixed
by other considerations — by some general rule, it falls naturally to
be fixed by him the party by whom the suit is commenced — that is
by the plaintiff. But so effectually has the matter been perplexed
with a of giving him that option that will after all the pretended
exertions pretended to be taken with a view to certainty, the question topic is
kept afloat and remains still an co-exible source of fresh contests and
fresh fees. The plaintiff, that as his Attorney, choice makes
choice of that forum which best suits his the plaintiff: convenience but what
in the ordinary state of things the plaintiff never knows, and his Attorney always knows is —
that this fixation will not stand good, any further than the defendant adversary
chooses to acquiesce in it: which in certain cases the Attorney knows before hand
he will not do, the same circumstance which render it convenient
to the plff, rendering it inconvenient to the defendant. Hence an
application from the defendant to change the forum Court, to change
as the language is — the venue: from which application, according
as it is opposable or unopposable, opposed or not opposed
is productive of more or less profit to the lawyers men of law more or less
vexation to the visitors, but at any rate of some, and that whatever it be altogether
unnecessary without necessity or use and tainted therefore pregnant with injustice therefore
( ) from ruin; the place district/County out from out of which from whence the Jury was to
come. were the characteristic words in the order -the from
to the Sheriff of that county.
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Identifier: | JB/057/053/001"JB/" can not be assigned to a declared number type with value 57. |
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057 |
evidence; procedure code |
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053 |
[[info_in_main_headings_field::evidence[deleted]]] |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
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18383 |
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