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<p><!-- pencil -->March 1807</p> | |||
<p>II. Next as to the <hi rend="underline">sources</hi> in which injustice in judicature<lb/> | |||
may <add>is liable and apt to</add> take its rise: In this character may be enumerated <add>These are</add></p> | |||
<p>1. The System <del>f pr</del> itself: – viz the System of procedure<lb/> | |||
in force and practice at the time: whether that system be<lb/> | |||
the work of the <add>sovereign</add> legislator alone or of the judicial authority<lb/> | |||
alone <del><gap/></del> operating whether in the way of statutory or of<lb/> | |||
jurisprudential law – or <add>as is mostly the case</add> partly of the one, partly of the<lb/> | |||
other.</p> | |||
<p>2. Misconduct on the part of <del><gap/></del> a party <add>suitor</add> on either side<lb/> | |||
taking advantage, as <add>a</add> dishonest suitor is apt to do, and<lb/> | |||
must always be reputed and supposed <add>presumed</add> to be ready to do,<lb/> | |||
of whatever imperfections on the part of the system itself present<lb/> | |||
themselves as favourable to his purpose. Found in<lb/> | |||
the part of suitors <add>a suitor</add>.</p> | |||
<p>3. Misconduct on the part of a Judge.</p> | |||
<p>Misconduct <add>manifested</add> on the occasion of a suit on the part of a <add>the</add> Judge<lb/> | |||
may either be such <del>as affecti</del> <add>whereby</add> the fate of the suit is affected,<lb/> | |||
or misconduct <del>collateral to</del> <add>not affecting</add> the fate of the suit, but collateral<lb/> | |||
to it.</p> | |||
<p>Misconduct affecting the fate of the suit, i.e. the lot and<lb/> | |||
condition of <del>the</del> either party <del>so far</del> in respect of the interest <add>which</add> he<lb/> | |||
has in the suit consists in the production of <add>injustice in</add> one or other of those<lb/> | |||
<add>of the</add> shapes above spoken of: viz. Misdecision to the prejudice of the<lb/> | |||
plaintiffs side. 2. Denial of justice. 3. Misdecision to the prejudice<lb/> | |||
of the defendant's side – and no delay, (which has the<lb/> | |||
effect of denial of justice, which it <unclear>bestow</unclear>)</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
March 1807
II. Next as to the sources in which injustice in judicature
may is liable and apt to take its rise: In this character may be enumerated These are
1. The System f pr itself: – viz the System of procedure
in force and practice at the time: whether that system be
the work of the sovereign legislator alone or of the judicial authority
alone operating whether in the way of statutory or of
jurisprudential law – or as is mostly the case partly of the one, partly of the
other.
2. Misconduct on the part of a party suitor on either side
taking advantage, as a dishonest suitor is apt to do, and
must always be reputed and supposed presumed to be ready to do,
of whatever imperfections on the part of the system itself present
themselves as favourable to his purpose. Found in
the part of suitors a suitor.
3. Misconduct on the part of a Judge.
Misconduct manifested on the occasion of a suit on the part of a the Judge
may either be such as affecti whereby the fate of the suit is affected,
or misconduct collateral to not affecting the fate of the suit, but collateral
to it.
Misconduct affecting the fate of the suit, i.e. the lot and
condition of the either party so far in respect of the interest which he
has in the suit consists in the production of injustice in one or other of those
of the shapes above spoken of: viz. Misdecision to the prejudice of the
plaintiffs side. 2. Denial of justice. 3. Misdecision to the prejudice
of the defendant's side – and no delay, (which has the
effect of denial of justice, which it bestow)
Identifier: | JB/106/132/001"JB/" can not be assigned to a declared number type with value 106. |
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1807-03 |
14-16 |
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106 |
scotch reform |
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132 |
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001 |
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text sheet |
1 |
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recto |
c8 |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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1804 |
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34720 |
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