★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| Line 4: | Line 4: | ||
<head>DELAY By Writs of Error.</head> | <head>DELAY By Writs of Error.</head> | ||
1<lb/> | <p>1<lb/> | ||
The Delays practised <add>compassed</add> by Writs of Error <sic>admitt</sic> of a very easy and unexceptionable Ren<!-- rest of word cut off at page edge --> <lb/> | The Delays practised <add>compassed</add> by Writs of Error <sic>admitt</sic> of a very easy and unexceptionable Ren<!-- rest of word cut off at page edge --> <lb/> | ||
<note>A <gap/> to delay, besides Interest, may be spite, which may have <add>purchase</add> a <sic>compleat</sic> <unclear>qualification</unclear> at a small rate when the success of him who <unclear>hath</unclear> right may depend upon the <unclear>excercise</unclear> <add>possession</add> of an act of <gap/> in the life of another, & | <note>A <gap/> to delay, besides Interest, may be spite, which may have <add>purchase</add> a <sic>compleat</sic> <unclear>qualification</unclear> at a small rate when the success of him who <unclear>hath</unclear> right may depend upon the <unclear>excercise</unclear> <add>possession</add> of an act of <gap/> in the life of another, & <gap/> life is about <add>to <gap/></add> the miscarriage that must ensue upon the total non-existence of all <unclear>merits</unclear>.</note></p> | ||
<p>2<lb/> | |||
On the present footing it is matter of Calculation in all cases whether a Writ of Error <unclear>shall</unclear><!-- end of word cut off at page edge --> <lb/> | |||
be brought by an unsuccessful party, in full contemplation <add>consciousness</add> of the absence <add>non-existence</add> of all<lb/> | |||
merits & <add>contemplation</add> of a consequent miscarriage</p> | |||
3.<lb/> | |||
For example if the Sum for which the Judgment be given is £1000, the <del><gap/></del> <add>probable</add><lb/> | |||
time for which the payment may be delayed by proceedings in Error, <del>one</del> <add>a</add> Year, ad<!-- rest of word cut off at page edge --><lb/> | |||
the probable costs <hi rend='superscript'>+</hi> <note><hi rend='superscript'>+</hi> which are here capable of a <add>being</add> <add>reduced very nearly to a certainty</add> very precise <unclear>distinction</unclear>, since the 2 <add>great</add> sources of uncertainty of expense, Costs of Witnesses & Advocates are cut off <add>have no places</add></note> | |||
during that time £30 — If the Plff <add>he</add> would be glad to have<lb/> | |||
money at 5 per Cent, he is 20£ a clear gainer <add>he has the protection of the Law for a clear gain of 20£</add> without hazard by protracting<lb/> | |||
injustice <add>litigation</add>: | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
DELAY By Writs of Error.
1
The Delays practised compassed by Writs of Error admitt of a very easy and unexceptionable Ren
A to delay, besides Interest, may be spite, which may have purchase a compleat qualification at a small rate when the success of him who hath right may depend upon the excercise possession of an act of in the life of another, & life is about to the miscarriage that must ensue upon the total non-existence of all merits.
2
On the present footing it is matter of Calculation in all cases whether a Writ of Error shall
be brought by an unsuccessful party, in full contemplation consciousness of the absence non-existence of all
merits & contemplation of a consequent miscarriage
3.
For example if the Sum for which the Judgment be given is £1000, the probable
time for which the payment may be delayed by proceedings in Error, one a Year, ad
the probable costs + + which are here capable of a being reduced very nearly to a certainty very precise distinction, since the 2 great sources of uncertainty of expense, Costs of Witnesses & Advocates are cut off have no places
during that time £30 — If the Plff he would be glad to have
money at 5 per Cent, he is 20£ a clear gainer he has the protection of the Law for a clear gain of 20£ without hazard by protracting
injustice litigation:
|
Identifier: | JB/050/017/001"JB/" can not be assigned to a declared number type with value 50. |
|||
|---|---|---|---|
|
1-8 |
|||
|
050 |
procedure code |
||
|
017 |
procedure civil delay by writ of error |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
c1 |
||
|
jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
||
|
cc1 |
|||
|
16008 |
|||
