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<head>1828 May 5.<lb/>Petitions</head> <!-- in pencil --> <p>5<lb/><note>Experimental Institution</note><lb/>(1) 5 <note>§. Proposal</note></p> <p><note>14<lb/>Case turning upon fact<lb/>upon law or upon both<lb/>Interpretation of agreement<lb/>Case turning upon law<lb/>Here no demand for<lb/>precedent Parties intention<lb/>sole proper<lb/>guide</note></p> <p><sic>Art.</sic> 14 Case turning upon the ground of fact; case turning<lb/>upon the ground of law: case turning upon both grounds: diversifications these <add>observation of which will require to be made. Example</add> <del>which</del> Interpretation put upon an <hi rend="underline">agreement</hi>.<lb/>this will be a decision on the ground of law. But<lb/>the <sic>opinative</sic> decree suits, for which there cannot<lb/>be demand on use in the character of a precedent.<lb/>Sole proper <hi rend="underline">direction post</hi> the intention of the parties.<lb/>General rules for the discovery of particular intentions —<lb/>More especially such general rules as Equity and<lb/>Common Law joined in exhibiting, are so many<lb/>direction posts pointing the wrong way — rules or<lb/>directions for going wrong. If the decision of the<lb/>Dispatch Commissioner be such as a Judge of the<lb/>Court of Chancery would have pronounced, Lawyers<lb/>will not be dissatisfied: if it be such as a man at large<lb/>would have pronounced, men at large will not be<lb/>dissatisfied. Nor will it be in the power of lawyers<lb/>to adduce any reasonable cause for being dissatisfied,<lb/>by the supposition all parties are satisfied witness<lb/>their consent, and <add>none of these decision being drawn into precedents</add> of no other persons will the interest<lb/>be effected: <del>be the</del> <add>In none of these</add> decisions <del>or</del> be they even so bad,<lb/>will the texture of the unwritten law, whether of the<lb/>equity fabric or the Common Law fabric, be in any<lb/>way affected.</p> <p><note>15<lb/>Good of this arrangement<lb/>thus proved to be <add>not only</add> eminent<lb/>but pure.</note></p> <p><sic>Art.</sic> 15. Thus has it been made matter of<lb/>demonstration that the good by this arrangement<lb/>produced is not only eminent, but <hi rend="underline">pure</hi>: Delay, in<lb/>a prodigious mass, cleared away; right decision rendered,<lb/><add>— not merely not less probable but <del>more</del> actually <del>more</add> <hi rend="underline">more</hi> probable in this than in the ordinary<lb/>course.</p> <p><note>16<lb/>Equity suits in Dispatch<lb/>Court disposable at the<lb/>same rate of velocity as<lb/>small Debt Court suits</note></p> <p><sic>Art.</sic> 16. As no suit was ever brought before a Small<lb/>Debt Court that might not be so simple an instrument<lb/>as a <hi rend="underline">multiplying number</hi> <add>applied to the <unclear>score</unclear></add> have been brought before the<lb/>highest Equity Court, and as in a Small Debt Court suits<lb/>are decided ,say from half a dozen to a whole dozen or more<lb/>in the compass of an hour, no one can say <sic>antecedently</sic> to experiment<lb/><!-- continues in the margin --> in <del>what pr</del> how many of<lb/>the Existing Equity Suits<lb/>this same rate of velocity<lb/>may not in a Dispatch<lb/>Court be exemplified.</p> | <head>1828 May 5.<lb/>Petitions</head> <!-- in pencil --> <p>5<lb/><note>Experimental Institution</note><lb/>(1) 5 <note>§. Proposal</note></p> <p><note>14<lb/>Case turning upon fact<lb/>upon law or upon both<lb/>Interpretation of agreement<lb/>Case turning upon law<lb/>Here no demand for<lb/>precedent Parties intention<lb/>sole proper<lb/>guide</note></p> <p><sic>Art.</sic> 14 Case turning upon the ground of fact; case turning<lb/>upon the ground of law: case turning upon both grounds: diversifications these <add>observation of which will require to be made. Example</add> <del>which</del> Interpretation put upon an <hi rend="underline">agreement</hi>.<lb/>this will be a decision on the ground of law. But<lb/>the <sic>opinative</sic> decree suits, for which there cannot<lb/>be demand on use in the character of a precedent.<lb/>Sole proper <hi rend="underline">direction post</hi> the intention of the parties.<lb/>General rules for the discovery of particular intentions —<lb/>More especially such general rules as Equity and<lb/>Common Law joined in exhibiting, are so many<lb/>direction posts pointing the wrong way — rules or<lb/>directions for going wrong. If the decision of the<lb/>Dispatch Commissioner be such as a Judge of the<lb/>Court of Chancery would have pronounced, Lawyers<lb/>will not be dissatisfied: if it be such as a man at large<lb/>would have pronounced, men at large will not be<lb/>dissatisfied. Nor will it be in the power of lawyers<lb/>to adduce any reasonable cause for being dissatisfied,<lb/>by the supposition all parties are satisfied witness<lb/>their consent, and <add>none of these decision being drawn into precedents</add> of no other persons will the interest<lb/>be effected: <del>be the</del> <add>In none of these</add> decisions <del>or</del> be they even so bad,<lb/>will the texture of the unwritten law, whether of the<lb/>equity fabric or the Common Law fabric, be in any<lb/>way affected.</p> <p><note>15<lb/>Good of this arrangement<lb/>thus proved to be <add>not only</add> eminent<lb/>but pure.</note></p> <p><sic>Art.</sic> 15. Thus has it been made matter of<lb/>demonstration that the good by this arrangement<lb/>produced is not only eminent, but <hi rend="underline">pure</hi>: Delay, in<lb/>a prodigious mass, cleared away; right decision rendered,<lb/><add>— not merely not less probable but <del>more</del> actually <del>more</add> <hi rend="underline">more</hi> probable in this than in the ordinary<lb/>course.</p> <p><note>16<lb/>Equity suits in Dispatch<lb/>Court disposable at the<lb/>same rate of velocity as<lb/>small Debt Court suits</note></p> <p><sic>Art.</sic> 16. As no suit was ever brought before a Small<lb/>Debt Court that might not be so simple an instrument<lb/>as a <hi rend="underline">multiplying number</hi> <add>applied to the <unclear>score</unclear></add> have been brought before the<lb/>highest Equity Court, and as in a Small Debt Court suits<lb/>are decided ,say from half a dozen to a whole dozen or more<lb/>in the compass of an hour, no one can say <sic>antecedently</sic> to experiment<lb/><!-- continues in the margin --> in <del>what pr</del> how many of<lb/>the Existing Equity Suits<lb/>this same rate of velocity<lb/>may not in a Dispatch<lb/>Court be exemplified.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1828 May 5.
Petitions
5
Experimental Institution
(1) 5 §. Proposal
14
Case turning upon fact
upon law or upon both
Interpretation of agreement
Case turning upon law
Here no demand for
precedent Parties intention
sole proper
guide
Art. 14 Case turning upon the ground of fact; case turning
upon the ground of law: case turning upon both grounds: diversifications these observation of which will require to be made. Example which Interpretation put upon an agreement.
this will be a decision on the ground of law. But
the opinative decree suits, for which there cannot
be demand on use in the character of a precedent.
Sole proper direction post the intention of the parties.
General rules for the discovery of particular intentions —
More especially such general rules as Equity and
Common Law joined in exhibiting, are so many
direction posts pointing the wrong way — rules or
directions for going wrong. If the decision of the
Dispatch Commissioner be such as a Judge of the
Court of Chancery would have pronounced, Lawyers
will not be dissatisfied: if it be such as a man at large
would have pronounced, men at large will not be
dissatisfied. Nor will it be in the power of lawyers
to adduce any reasonable cause for being dissatisfied,
by the supposition all parties are satisfied witness
their consent, and none of these decision being drawn into precedents of no other persons will the interest
be effected: be the In none of these decisions or be they even so bad,
will the texture of the unwritten law, whether of the
equity fabric or the Common Law fabric, be in any
way affected.
15
Good of this arrangement
thus proved to be not only eminent
but pure.
Art. 15. Thus has it been made matter of
demonstration that the good by this arrangement
produced is not only eminent, but pure: Delay, in
a prodigious mass, cleared away; right decision rendered,
— not merely not less probable but more actually more more probable in this than in the ordinary
course.
16
Equity suits in Dispatch
Court disposable at the
same rate of velocity as
small Debt Court suits
Art. 16. As no suit was ever brought before a Small
Debt Court that might not be so simple an instrument
as a multiplying number applied to the score have been brought before the
highest Equity Court, and as in a Small Debt Court suits
are decided ,say from half a dozen to a whole dozen or more
in the compass of an hour, no one can say antecedently to experiment
in what pr how many of
the Existing Equity Suits
this same rate of velocity
may not in a Dispatch
Court be exemplified.
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Identifier: | JB/081/151/001"JB/" can not be assigned to a declared number type with value 81. |
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1828-05-05 |
14-16 |
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081 |
petition for justice |
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151 |
petitions |
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text sheet |
1 |
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recto |
c1 / d5 / e5 |
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jeremy bentham |
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25938 |
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