JB/081/283/001

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1829 June 14
Petitions

Supplement
(5) II. Elucidations
§.6. Danish Reconciliation

67
Suppose plaintiff to
be bona fide non compliance
on the part
of defendant may arise
from various causes

So much for the mala fide plaintiff. Enter now the bona fide
plaintiff. Say the supposition the in the case of the mala fide plaintiff
the demand made by him is ungrounded, he knows it so to be
But as to the bona fide plaintiff, by the supposition, in his view
of the matter, if his persuasion be a vile grounded one, so is the
demand then made by him. From the presentation of the demand
to the Commissioners no benefit can result to him unless in the first
instance in , in the next instance in the eyes of the
Judge of the ordinary Court on the count of the demand finding its
way into that Judicatory his demand is regards as being well-founded:
and by the presentation of such his demand, he subjects
himself to a quantity of vexation from which by the mere presentation
of that same demand he would preserve himself keep himself clear, whereas because
on of several causes, non-compliance on the part of the Defendant
may consequently with the well-groundedness on the part of
the plaintiff's demand be produced.

68
Cause 1 Inability to
confer the benefit
demanded

1. Cause the first, inability to confer the benefit which is the subject
matter of the demand, to pay the money if the shape of it be pecuniary
to pay the money at the time and date on the day on a which it is requested to be paid

69
Cause 2 Expectation
that though well
grounded the plaintiff
cannot establish his
demand for want of
evidence

2. Cause the second. Expectation that though in point of fact on the ground the
demand is well grounded, yet that for want of appropriate and
sufficient evidence it will not be made out to the satisfaction of
the constituted authority as above or to the
in the place and eventually the Court Judicatory

80
Cause 3 Do for want
in consequence of
inaptitude to place
the demand in a
proper light

3. Case the third. Expectation that though on the ground of law as
well as on that of fact the demand is well grounded, yet in consequence
of inaptitude to state the somehow to state or in its proper light the plaintiff
may will fail to make out his case to the satisfaction of the constituted
authorities. Person on w3hose instance this
inaptitude how has place these: 1. The plaintiff himself as to the
of his own case. 2. Members of the commission or the major
part of the in respect of the an adequate judgment on the
subject of it. 3. In the of it as to the ordinary Judicatory, the professional
professional assistants of the
plaintiff or among the
judicial functionaries any
one, in whose inaptitude
a factor on the part of the
plaintiff may have come to have
its efficient cause, Moral, , judicial, and active such are the modifications of which in this case as in others relative inaptitude is susceptible.

Identifier: | JB/081/283/001"JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-06-14	Marginal Summary Numbering	67-70
Box	081	Main Headings	petition for justice
Folio number	283	Info in main headings field	petitions
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5
Penner	jeremy bentham	Watermarks	b&m 1829
Marginals	george bentham	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1829
Notes public		ID Number	26070
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