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<head>182<del>4</del>5 <del><sic>Dec<hi rend="superscript">r</hi></sic></del> <sic>Jan<hi rend="superscript">y</hi> 15 1<lb/> Procedure Code</head> <p><sic>Ch.</sic> <!-- text in pencil --> Security against <gap/><lb/> Suit<lb/> §. 1</note></p> <p>Connection more to <unclear>Wilberforce</unclear> & <gap/><lb/> Reminders<lb/> 1. Pecuniary defeat<lb/>2 The security against <sic>falshood</sic><lb/>3. The Accessibility securing Declaration in the Application Paper.</p> <p><sic>Ch.</sic> <gap/> Security against groundless <!-- brackets and deletion in pencil --><del>[and vexation]</del> suits<lb/> §.1. Suits producible. 1. Waste of judiciary time.</p> <p><note>1<lb/> No suit commenced<lb/> without security against<lb/> groundless vexation</note></p> <p><sic>Art.</sic> <del></del> Without such security as by how shall<lb/> be deemed adequate against pre<gap/> <del>vexation to</del> <add> will, be</add> no<lb/> suit will the Judge give either continuance or commencement.</p> <p><note>2<lb/>Evil of groundless vexation<lb/>suits<lb/> 1 Waste opf judicial time<lb/>2 Vexation to Defendant<lb/>& eventually to his connections</note></p> <p> <del><sic>Art</sic> Under <add>In the case</add> the hand of vexation <gap/>handed</del> <add><sic>Arts.</sic> 2 <sic>Bf.</sic> the evil resulting from groundless and vexatious suits</add> <lb/><del>in the first place <gap/> <gap/> the <gap/><gap/> the <gap/></del> <add> suits how branches require to be distinguished, be evil</add> plan<lb/> <del>vexation to the litigation <gap/> their execution</del> <add>1. Evil by waste of the time of the judicature: thence delay, vexation</add><lb/> and expense to the suitors in other <del><gap/></del> suits, how well<lb/> so ever grounded.</p> <p><del><sic>Art.</sic> By vexation to the judiciary <gap/></del><lb/> <hi rend="underline">2.</hi> Vexation to <del> parties and their con</del> <add>the proposed</add> Defendant and eventually<lb/> <add><gap/></add> to his connections: for <add>and in particular</add> exemption in the character of<lb/> witnesses or <unclear>bandsmen</unclear>.</p> <p><note>3<lb/> Nature of security to<lb/> depend on applicants<lb/> circumstances</note></p> <p><sic>Art.</sic> The nature and efficiency of the security will<lb/> depend on the <add>partly in the general</add> condition in life of the applicant, partly<lb/> in their present condition of the <add>proposed</add> defendant as compared<lb/> with the nature of the power proposed to be <del>executed</del> <add> exercised</add> at<lb/> his charge.</p> <p><note>4<lb/> Waste of time <sic>minimized</sic><lb/> by immediate dismissal</note></p> <p><sic>Art.</sic> As to the waste of <del>judicial</del> <gap/> time, if<lb/> the application is dismissed in the first instance, the <gap/> is<lb/> <sic>minimized:</sic> slight <add>light</add> if in proportion is the security necessary to <lb/> be taken for the exclusion or repression of evil in this <gap/><lb/> at the charge of applicants. <del>We</del> In this shape and in this degree<lb/> waste is <gap/> an evil effect to and inescapable from the <gap/> of judicature.</p> <p> 5<lb/> In this case <del>only by</del> <lb/> multitude of applications<lb/> the only cause of any <lb/> formidable <sic>encrease</sic><lb/> of the evil</note></p> <p> <sic>Art</sic> Only on <del>case</del> <add>by</add> of cooperation <del>wheth</del> <add> with or without <gap/></add> on the<lb/>part of a multitude of applicants, whether with or without<lb/>concert, can this evil be rendered considerable and formidable</p> <p><sic>Art.</sic> By the instrumentality of this cause, <del>th</del> but for appropriate<lb/> restraint: by the instrumentality of this cause the evil might<lb/> to such a degree be <gap/> as to be <gap/. into an aggravation of the<lb/> <add>disease</add><lb/><!-- continues in margin --> disease the <gap/> which<lb/> it is the case of judicature<lb/> be <gap/> But the<lb/> restraint proper to the case<lb/> <!-- continues along the edge of the page --> is as <del><gap/></del> less security efficacious than it is obvious.</p> | |||
18245 Decr <sic>Jany 15 1
Procedure Code
Ch. Security against
Suit
§. 1</note>
Connection more to Wilberforce &
Reminders
1. Pecuniary defeat
2 The security against falshood
3. The Accessibility securing Declaration in the Application Paper.
Ch. Security against groundless [and vexation] suits
§.1. Suits producible. 1. Waste of judiciary time.
1
No suit commenced
without security against
groundless vexation
Art. Without such security as by how shall
be deemed adequate against pre vexation to will, be no
suit will the Judge give either continuance or commencement.
2
Evil of groundless vexation
suits
1 Waste opf judicial time
2 Vexation to Defendant
& eventually to his connections
Art Under In the case the hand of vexation handed Arts. 2 Bf. the evil resulting from groundless and vexatious suits
in the first place the the suits how branches require to be distinguished, be evil plan
vexation to the litigation their execution 1. Evil by waste of the time of the judicature: thence delay, vexation
and expense to the suitors in other suits, how well
so ever grounded.
Art. By vexation to the judiciary
2. Vexation to parties and their con the proposed Defendant and eventually
to his connections: for and in particular exemption in the character of
witnesses or bandsmen.
3
Nature of security to
depend on applicants
circumstances
Art. The nature and efficiency of the security will
depend on the partly in the general condition in life of the applicant, partly
in their present condition of the proposed defendant as compared
with the nature of the power proposed to be executed exercised at
his charge.
4
Waste of time minimized
by immediate dismissal
Art. As to the waste of judicial time, if
the application is dismissed in the first instance, the is
minimized: slight light if in proportion is the security necessary to
be taken for the exclusion or repression of evil in this
at the charge of applicants. We In this shape and in this degree
waste is an evil effect to and inescapable from the of judicature.
5
In this case only by
multitude of applications
the only cause of any
formidable encrease
of the evil</note>
Art Only on case by of cooperation wheth with or without on the
part of a multitude of applicants, whether with or without
concert, can this evil be rendered considerable and formidable
Art. By the instrumentality of this cause, th but for appropriate
restraint: by the instrumentality of this cause the evil might
to such a degree be as to be <gap/. into an aggravation of the
disease
disease the which
it is the case of judicature
be But the
restraint proper to the case
is as less security efficacious than it is obvious.
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Identifier: | JB/057/152/001"JB/" can not be assigned to a declared number type with value 57. |
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1825-01-15 |
1-5 |
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057 |
constitutional code; procedure code |
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152 |
procedure code |
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001 |
ch. / security against groundless suits |
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text sheet |
1 |
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recto |
d1 / e1 |
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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18482 |
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