date

22 Oct r 1807 L d Eldon's Bill
22 Oct r 1807

L d Eldon's Bill

'.8 Equality of Voice

not necessary unless no more Judges are left [...?] that Is this to be done the same day, or must there be different days /divisions/?

4. More legislation to enact that "in case there shall be an equality of voices, meaning in case the number of voices shall be equally divided, the cause or matter shall remain for subsequent discussion and decision; being exactly what takes place of course and perforce, where there is no enactment /no legislation is employed/.

5. "If the number of the Judges attending is such that there can be such equality of voices. Here a plain man would say if thereupon the voices are │ │ there

5. More legislation, and the stores of possibility ransacked to find another expression for what, without any such excursion into ontology has just been expressed already - "If the number of Judges attending is such that there can be such equality of voices" - there it is that a Judge from the other Court is to be called in. Now what matters it whether there can be a difference of opinion with an equal number of voices - a division (in the Court) with equal numbers if there is none. Number, suppose six, and suppose all agreed: or suppose on the Monday, three and three, and on the Tuesday, one goes over, making four and six. Kept to the description, (the unprecedented and improper description imported from the regions of possibility for designating /redesignating/ what had been properly designated before,) the other Court must be disturbed to take /extract/ out of it a Judge for the purpose of terminating a difference which had no existence.

"If the number is such ... that there can be such equality." Did ever mortal use such a form of words /phrase/ /creation/ to express if the number be such as admitts of an equality or would our legislator have struck upon it if stress of mind produced by lack of difficulty had not driven him upon it?
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    Rewrite

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