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<note> | <note>Precipitation<lb/>16<lb/>Examples.<lb/>1. for forming a<lb/> decision<lb/>Either case however<lb/>there is no actual<lb/>inconvenience produced<lb/>if the decision 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 <gap/> from this supposed<lb/>necessary length of time — Thus if a cause be<lb/>supposed to be of thus importance that after<lb/>the hearing of all the proofs a less time<lb/>than a week cannot it is supposed be<lb/>sufficient on the part of the Judge to 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 inferiority<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/>repugnant on one or other of the ultimate<lb/>ends of justice in this case the mischief<lb/>correspondent to such ultimate end is<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/> is now reduced to <gap/> 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 as much time <gap/><lb/>as corresponds<lb/>to the delay thus saved is saved.<lb/> | ||
</p><p>Thus much as to what | </p><p>Thus much as to what concerns the interests <lb/>of the <del><add>ind</add> parties</del> individual parties to the cause<lb/>and the correspondent mischiefs and advantages<lb/>of the first order the principal mischief liable to<lb/>is of the second order viz the alarm & danger<lb/></p> | ||
13 Novr 1802.
10
Dumont Procedure
Ends
Precipitation
16
Examples.
1. for forming a
decision
Either case however
there is no actual
inconvenience produced
if the decision appears
to be right
Precipitation is considered as taking place
when in any part any thing is supposed to be
struck off or from this supposed
necessary length of time — Thus if a cause be
supposed to be of thus importance that after
the hearing of all the proofs a less time
than a week cannot it is supposed be
sufficient on the part of the Judge to 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 inferiority
he deemed chargeable with precipitation If then
in consequence of such supposed precipitation
the judgment actually given by the Judge is
repugnant on one or other of the ultimate
ends of justice in this case the mischief
correspondent to such ultimate end is
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
is now reduced to 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 as much time
as corresponds
to the delay thus saved is saved.
Thus much as to what concerns the interests
of the ind parties individual parties to the cause
and the correspondent mischiefs and advantages
of the first order the principal mischief liable to
is of the second order viz the alarm & danger
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john herbert koe |
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