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1830. July 27 M | <head>1830. July 27 M<lb/> | ||
Review. | Review.</head> | ||
3. Legacia | <note>3. Legacia</note> | ||
According to J.B's | <note>According to J.B's<lb/> | ||
plan all suits begun | plan all suits begun<lb/> | ||
& continued in the | & continued in the<lb/> | ||
same manner | same manner<lb/> | ||
Initiating application | Initiating application</note> | ||
According to | <p>According to M<hi rend="superscript">r</hi> Bentham's plan <del><gap/></del> all suits<lb/> | ||
be they what they may begin in the same manner, and | be they what they may begin in the same manner, and<lb/> | ||
continue in the same manner. Operation by which they begin | continue in the same manner. Operation by which they begin<lb/> | ||
application by some | application by some individual whose desire it is to be admitted<lb/> | ||
as | as demand<gap/>. If on his own showing this d<gap/><lb/> | ||
appears not to have sufficient ground, his application is dismissed, | appears not to have sufficient ground, his application is dismissed,<lb/> | ||
and then without expense to any body delay to any | and then without expense to any body delay to any<lb/> | ||
body, or vexation to any body but the author, this <gap/> | body, or vexation to any body but the author, this <del><gap/></del><lb/> | ||
self-constituted as Turner has it h<gap/> names the suit is nipt | self-constituted <add>as Turner has it</add> <hi rend="underline">h<gap/> names</hi> the suit is nipt<lb/> | ||
in the bud | in the bud</p> | ||
Evidence elicitation | <note>Evidence elicitation<lb/> | ||
and decision according | and decision according<lb/> | ||
to individual circumstances | to individual circumstances</note> | ||
If on his own shewing, a probability appears that | <p>If on his own shewing, a probability appears that<lb/> | ||
upon the | upon the eliciting of such ulterior evidence of the existence of<lb/> | ||
which he gives indication, the demand he makes may turn | which he gives indication, the demand he makes may turn<lb/> | ||
out to be well grounded, then such in that case, the Judge | out to be well grounded, then <unclear>such</unclear> in that case, the Judge<lb/> | ||
provides for the production and elicitation of such ulterior<lb/> | |||
evidence, <gap/> from whatsoever source or sources it was | evidence, <del><gap/></del> from whatsoever source or sources it was<lb/> | ||
likely to flow, & whosoever may be the Evidence-holder or Evidence- | likely to flow, & whosoever may be the Evidence-holder or Evidence-<lb/> | ||
holders. Saving particular reason for a particular | holders. Saving particular reason for a particular<lb/> | ||
order of marshalling as lawyers say in the cases of assets, | order of <hi rend="underline">marshalling</hi> as lawyers say in the cases of assets,<lb/> | ||
each all such Evidence- | <del>each</del> <add>all</add> such Evidence-holders be interrogation <add>or cause to be interrogation</add> <gap/> or if these<lb/> | ||
be not without preponderant inconvenience practicable, oper<gap/>, | be not without preponderant inconvenience practicable, oper<gap/>,<lb/> | ||
the evidence of each one being then obtained as soon | the evidence of each one being then obtained as soon<lb/> | ||
as may be: regard being <gap/> in each case had is to the circumstances | as may be: regard being <del><gap/></del> in each case had <add>is</add> to the circumstances<lb/> | ||
of the case: what by this locution | of the case: what by this locution our learned<lb/> | ||
draughtsman means we know no | draughtsman means we know no more than he himself does<lb/> | ||
what | what M<hi rend="superscript">r</hi> Benthams we know precisely that is to say the individual<lb/> | ||
circumstances of the individual <del><gap/></del> case in question<lb/> | |||
<add>these</add> individual circumstances including their pecuniary circumstances<lb/> | |||
to which he has regard on all occasions — without exception<lb/> | |||
all other c<gap/> are scarce any.</p> | |||
1830. July 27 M
Review.
3. Legacia
According to J.B's
plan all suits begun
& continued in the
same manner
Initiating application
According to Mr Bentham's plan all suits
be they what they may begin in the same manner, and
continue in the same manner. Operation by which they begin
application by some individual whose desire it is to be admitted
as demand. If on his own showing this d
appears not to have sufficient ground, his application is dismissed,
and then without expense to any body delay to any
body, or vexation to any body but the author, this
self-constituted as Turner has it h names the suit is nipt
in the bud
Evidence elicitation
and decision according
to individual circumstances
If on his own shewing, a probability appears that
upon the eliciting of such ulterior evidence of the existence of
which he gives indication, the demand he makes may turn
out to be well grounded, then such in that case, the Judge
provides for the production and elicitation of such ulterior
evidence, from whatsoever source or sources it was
likely to flow, & whosoever may be the Evidence-holder or Evidence-
holders. Saving particular reason for a particular
order of marshalling as lawyers say in the cases of assets,
each all such Evidence-holders be interrogation or cause to be interrogation or if these
be not without preponderant inconvenience practicable, oper,
the evidence of each one being then obtained as soon
as may be: regard being in each case had is to the circumstances
of the case: what by this locution our learned
draughtsman means we know no more than he himself does
what Mr Benthams we know precisely that is to say the individual
circumstances of the individual case in question
these individual circumstances including their pecuniary circumstances
to which he has regard on all occasions — without exception
all other c are scarce any.
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Identifier: | JB/004/173/001"JB/" can not be assigned to a declared number type with value 4. |
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1830-07-27 |
not numbered |
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004 |
lord brougham displayed |
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173 |
review |
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001 |
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text sheet |
1 |
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recto |
c1 |
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jeremy bentham |
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2094 |
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