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<note>13 Nov<hi rend="superscript">r</hi> 1802.</note> | |||
<note>10</note> | |||
<head>Dumont Procedure</head> | |||
<note>Ends</note> | |||
<note>Precipitatio<lb/>16<lb/>Examples.<lb/>1. for forming a<lb/> decision<lb/>Either case howere<lb/>there is no actual<lb/>inconvenience produced<lb/>is the decidion appears<lb/>to be right<lb/></note><p>Precipitation is considered as taking place<lb/>when in any part any thing is supposed to be<lb/>struck off or defalcad from this supposed<lb/>necessary length of time — Thus if a cause be<lb/>supposed to be of this importants that after<lb/>the hearing of all the briefs a less time<lb/>than a week cannot it be supposed be<lb/>employed in the consideration of them & the<lb/>time employed by the Judge in the consideration<lb/>of them is no more than a single day<lb/>in such case the Judge must by the impropriety<lb/>he deemed chargeable with precipitation If then<lb/>in consequence of such supposed precipitation<lb/>the judgment actually given by the Judge is<lb/>repubnant on one or other of the ultimate<lb/>ends of justice in the case the mischief<lb/>corresponds to any ultimate end to<lb/>actually produced. But in the <del>other</del> <add>opposite</add> case i:e:<lb/>if the decision of the Judge be conformable to<lb/>the ultimate ends of justice no mischief at<lb/>all is produced by precipitation the contingency<lb/>of it is reduced to act on the contrary so far<lb/>from being productive of inconvenience the<lb/>supposed precipitation is productive of<lb/>advantage upon the whole since by virtue<lb/>of it no such time <gap/><lb/>as corresponds<lb/>to the delay thus saved is saved.<lb/> | |||
</p><p>Thus much as to what concern the interests <lb/>of the individual parties to the cause<lb/>and the correspondent mischief and advantages<lb/>of the first order the principal mischief <gap/><lb/>is of the second order viz the alarm & danger<lb/></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
13 Novr 1802.
10
Dumont Procedure
Ends
Precipitatio
16
Examples.
1. for forming a
decision
Either case howere
there is no actual
inconvenience produced
is the decidion appears
to be right
Precipitation is considered as taking place
when in any part any thing is supposed to be
struck off or defalcad from this supposed
necessary length of time — Thus if a cause be
supposed to be of this importants that after
the hearing of all the briefs a less time
than a week cannot it be supposed be
employed in the consideration of them & the
time employed by the Judge in the consideration
of them is no more than a single day
in such case the Judge must by the impropriety
he deemed chargeable with precipitation If then
in consequence of such supposed precipitation
the judgment actually given by the Judge is
repubnant on one or other of the ultimate
ends of justice in the case the mischief
corresponds to any ultimate end to
actually produced. But in the other opposite case i:e:
if the decision of the Judge be conformable to
the ultimate ends of justice no mischief at
all is produced by precipitation the contingency
of it is reduced to act on the contrary so far
from being productive of inconvenience the
supposed precipitation is productive of
advantage upon the whole since by virtue
of it no such time
as corresponds
to the delay thus saved is saved.
Thus much as to what concern the interests
of the individual parties to the cause
and the correspondent mischief and advantages
of the first order the principal mischief
is of the second order viz the alarm & danger
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Identifier: | JB/052/023/001"JB/" can not be assigned to a declared number type with value 52. |
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1802-11-13 |
16 |
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procedure code |
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023 |
dumont procedure |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d10 |
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john herbert koe |
1800 |
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1800 |
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16696 |
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