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<note>7<lb/> | <note>7<lb/> | ||
7.4. Expence minimizing<lb/> | 7.4. Expence minimizing<lb/> | ||
These are two of the | These are two of the <unclear>collateral</unclear><lb/> | ||
ends of judicature; vexation<lb/> | ends of judicature; vexation<lb/> | ||
the third.<lb/> | the third.<lb/> | ||
Direct, avoidance of<lb/> | Direct, avoidance of<lb/> | ||
mischievous and non-<lb/> | mischievous and non-<lb/> | ||
decision - producing as<lb/> | |||
long as it lasts the evils<lb/> | long as it lasts the evils<lb/> | ||
of misdecisions | of misdecisions <unclear>particularly</unclear><lb/> | ||
to pursuers side when<lb/> | |||
in the right, as he generally<lb/> | in the right, as he generally<lb/> | ||
is. <del>As</del> Does it not, Lord<lb/> | is. <del>As</del> Does it not, Lord<lb/> | ||
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For <hi rend="underline">reasons</hi> (which<lb/> | For <hi rend="underline">reasons</hi> (which<lb/> | ||
are but principles in detail<lb/> | are but principles in detail<lb/> | ||
narrower | narrower principles) H<lb/> | ||
employs <hi rend="underline">motive</hi> from<lb/> | employs <hi rend="underline">motive</hi> from<lb/> | ||
<hi rend="underline">motifs</hi>.<lb/> | <hi rend="underline">motifs</hi>.<lb/> | ||
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<p>The <hi rend="underline">ends</hi><add>to</add> which these two principles <add>bear reference</add> have in view are no<lb/> | <p>The <hi rend="underline">ends</hi><add>to</add> which these two principles <add>bear reference</add> have in view are no<lb/> | ||
other it will be seen | other it will be seen than what bear reference to two out of the<lb/> | ||
three ends <add>so often of late</add> designated by the denomination of <del><gap/></del> <hi rend="underline">the <del>said</del> collateral</hi><lb/> | three ends <add>so often of late</add> designated by the denomination of <del><gap/></del> <hi rend="underline">the <del>said</del> collateral</hi><lb/> | ||
ends of Justice or say Judicature: <del>non</del> misdecision and non-<lb/> | ends of Justice or say Judicature: <del>non</del> misdecision and non-<lb/> | ||
decision being the two direct ends. Non decision has while it lasts<lb/> | decision being the two direct ends. Non -decision has, while it lasts<lb/> | ||
the effect of misdecision to the detriment<add>damage<add> | the effect of misdecision to the detriment<add>damage<add>prejudice</add></add> of <del>both</del> the litigants <add>incidentally</add> on both<lb/> | ||
sides, but constantly to the prejudice of the pursuers side are so<lb/> | sides, but constantly to the prejudice of the pursuers side are so<lb/> | ||
far as he is in the right. <del>In a</del> Has it not, Lord Eldon?</p> | far as he is in the right. <del>In a</del> Has it not, Lord Eldon?</p> | ||
<p><del>On several occasions</del>, In several places M<hi rend="superscript">r</hi> H. | <p><del>On several occasions</del>, In several places M<hi rend="superscript">r</hi> H. introduces<lb/> | ||
and <add>gives employment to<add>finds</add></add> makes use of the word in<gap/>ives an occasion in which it is<lb/> | and <add>gives employment to<add>finds</add></add> makes use of the word in<gap/>ives an occasion in which it is<lb/> | ||
believe more common to employ the word <hi rend="underline">reasons</hi>: if it be so<lb/> | believe more common to employ the word <hi rend="underline">reasons</hi>: if it be so<lb/> | ||
perhaps it is by the habit of resorting <add>for illustration and information</add> to the French Code that<lb/> | perhaps it is by the habit of resorting <add>for illustration and information</add> to the French Code that<lb/> | ||
the use <add>thus made by him</add> of the word <del><hi rend="underline"><gap/></hi></del> motive may be have been produced<lb/> | the use <add>thus made by him</add> of the word <del><hi rend="underline"><gap/></hi></del> motive may be have been produced<lb/> | ||
Where | Where we should say reason, the French frequently say <hi rend="underline">motifs</hi></p> | ||
<p>By an | <p>By an attentive application of the bifurcate <add>exhaustive</add> analysis<lb/> | ||
the state of these principles applicable to this part of the field<lb/> | the state of these principles applicable to this part of the field<lb/> | ||
of legislation might, it is believed, be exhausted. The number<lb/> | of legislation might, it is believed, be exhausted. The number<lb/> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
1826. Octr. 19.
Review of Humphreys 2
§ Agends
6
6.3. Delay-minimizing
1. as to the transfer;
2. as to eventual litigation
3. Delay-minimizing principle. The delay may have reference
process to which the d delay bearshas reference may be either the process
of effecting the transfer, or in case of litigation, the process of litigation
7
7.4. Expence minimizing
These are two of the collateral
ends of judicature; vexation
the third.
Direct, avoidance of
mischievous and non-
decision - producing as
long as it lasts the evils
of misdecisions particularly
to pursuers side when
in the right, as he generally
is. As Does it not, Lord
Eldon?
For reasons (which
are but principles in detail
narrower principles) H
employs motive from
motifs.
Exhaustively - bifurcate
analysis would shew
the number of principles
requisite not great.
4. Expence-minimizing principle.
The endsto which these two principles bear reference have in view are no
other it will be seen than what bear reference to two out of the
three ends so often of late designated by the denomination of the said collateral
ends of Justice or say Judicature: non misdecision and non-
decision being the two direct ends. Non -decision has, while it lasts
the effect of misdecision to the detrimentdamage<add>prejudice</add> of both the litigants incidentally on both
sides, but constantly to the prejudice of the pursuers side are so
far as he is in the right. In a Has it not, Lord Eldon?
On several occasions, In several places Mr H. introduces
and gives employment to<add>finds</add> makes use of the word inives an occasion in which it is
believe more common to employ the word reasons: if it be so
perhaps it is by the habit of resorting for illustration and information to the French Code that
the use thus made by him of the word motive may be have been produced
Where we should say reason, the French frequently say motifs
By an attentive application of the bifurcate exhaustive analysis
the state of these principles applicable to this part of the field
of legislation might, it is believed, be exhausted. The number
of principles belonging to it would not be great.
Identifier: | JB/078/088/001"JB/" can not be assigned to a declared number type with value 78. |
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1826-10-19 |
6-7 |
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078 |
Review of Humphreys |
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088 |
Review of Humphreys |
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001 |
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Text sheet |
1 |
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recto |
C4 / E4 |
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J WHATMAN TURKEY MILL 1826 |
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Jonathan Blenman |
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1826 |
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25179 |
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