JB/031/147/001

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1828 Aug
Blackstone

In all suits expence necessary
– when involuntary
an evil inseparable from
it. In majority of cases however,
so small, as not advantageous
in Legislator to try
to exclude it.

Cases not wanting where
no limits can be set to magnitude
of distance, money
is time, as regards witnesses.

Factitious addition to
this evil constitutes depredations
& oppression.

So far as expence, necessary
to just demand or defence
– is wanting – so far
large portion of population
outlawed.

To exclude this tyranny
of opulence, the work of this
Code.

Evil of indigence, differs
according as it is on Pursuers
or Defendants side, –
on Pursuer's as it is original
or incidental: call
original – extrajudicial
evil; incidental, judicial do.:
in this case to loss of remedy
is added impoverishment.

To such depredation if
Legislator applies no remedy
– an accomplice.

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When Indigence on Defendant's
side, law a positive
instrument of the evil:
a tyranny in which the part
taken by Legislator & Judge
– more direct.

In this case also distinction
of original & incidental,
but in both cases
judicial.

Where positive proof requisite
– result the same
where party too indigent to
procure evidence of his innocence:
much less to
prosecute for perjury.

In all Governments expence
natural & factitious,
When Rulers wish to cease
acting as accomplices much
crimes factitious will be
extirpated: it is excluded
from this Code.

Minimize natural expence
– investigate its
sources, occasions for &
purposes of, it.

Then 1. Minimize the quantity
on each occasion.
2. What is necessary let fale
where it produces least affliction.
3. Upon those, in whose instance,
in compensation to
public, it may act as a punishment,
in repressing
greater evil.

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It is diminished & minimized
1. By imposing it on
public. 2. Between two litigants
of different opulence
imposing it in proportion
to their situations.

Monies provided by Govt.
for defraying natural expence
– Equal-Justice
Fund.

Two branches of this fund
1. Regular or Principal
2. Incidental or Supplemental
Regular composed of pecuniary
penalties for offences agt
justice, wrongful juridical
vexation & juridical falsehood.
I Juridical vexation is
1. Criminal – with criminal
consciousness.
2. Culpable – with do. inadvertence,
temerity or rashness. These may have
place on Pursuer's & Defendant's sides.
II Juridical false assertion
Commissable by witnesses
incidentally by other actors
in judicial theatre.
It is, 1. mendacious. 2. insincere.
3. temerarious;
mendacious now seldom
punished except when
made perjury – license for
it, where no oath required.

Identifier: | JB/031/147/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-08	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	147	Info in main headings field	jud pro blackstone
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	richard doane	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9833
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