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1829 June 2
Petitions
ultisso 7
Supplement
(1) (8 II. Elucidation
§.6. Reconciliation
Party's attendance
sole cause of the goof effects
8
Proposition that Party's
attendance the sole cause of
the good effects of the
institution — Proof from
the tables in Rothe's
Memoire
☞ Put this before No 2 ?
2. Now for the proposition that of the good effects pr in
question that is to say the diminution of the number of suits
carried on in the way of regular procedure, the arrangement
in question namely the personal intercourse between the Judge
and the parties and Judge at the outset, this and no
other is the was and is the primary: [this denomination not having for the accomplishment
in any degree the denial of justice] the only other
cause namely the opinion in every instance given by the authority
thus established, having for its indispensable ground the facts brought to view by the indispensable
intercourse thus constantly
effected.
Proof In the Tables that have been seen three lists present themselves
to view: No 1 one of suits demands presented given in to the Commission
another No 2 of such of those demands of which an accord between the parties
was the consequence No 3 of demands which had not been
productive of accord but which however had not been productive
of recourse to the ordinary tribunals. No 4 of demands which
having passed through the Commission had been followed by recourse<lb?>to the ordinary tribunals.
9
Inducements to parties
to give up their intended
recourse to the
ordinary Court.
That without inducement in the way of interest either
proposed Plaintiff or proposed defendant should give above any thing from at the
make any supposed sacrifice of their supposed intention was not reasonably to be expected.
1 To defendant probability
that Plaintiff's demand
will be acceded to
1. To the p a party on the Defendant's side, sole presentable inducement this: if
the Plaintiff prefers his demand to the ordinary Court, the probability
is that it will be acceded to
10
2 To the Plaintiff inducements
two 1 Opinion that the
ordinary court will not
grant the demand
To a party of the Plaintiff's side, presentable inducements
to accept of less than the amount of his demand one of these
two 1. Yo To the a valuable thing which is the subject matter
of your demand it does not appear that supposing the of fact
to be as you allege, you are entitled to it by law to the whole of it or at ant rate or it does not appear
whether are not </gap/> that the matter of fact is
as you state it to be, whether the law be as you represent yourself
as regarding it to be, or no: or to the matter of fact in itself as it may, it
does not appear that you have proved it or that you will be able to
prove it to have been you state it to be, to such sort as to engage
the ordinary Court to act in the manner necessary to put you in
possession of the subject matter of your demands. This being the case
our advice is to this your demand altogether.
Identifier: | JB/081/292/001"JB/" can not be assigned to a declared number type with value 81. |
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1829-06-02 |
8-10 |
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081 |
petition for justice |
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292 |
petitions |
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001 |
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text sheet |
1 |
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recto |
c1 / e8 / f7 |
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jeremy bentham |
street & co |
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antonio alcala galiano |
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26079 |
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