JB/031/148/001

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Blackstone

Remuneration to jud. functionaries
may be said to form
part of expence of a suit:
only apparently so. More benefit
from them to non litigants
than to litigants. No
more proper to throw expence
or superior share of do on litigatns
than that of a military
establishment, on a thin
line of frontier – or to tax
diseases. See Protesters.

Govt. receipts for this expence
called Ordinary
Justice Fund – do for the
helpless – Extraordinary
Justice Fund.

Punishments for judicial
misdirection, the
same as for wrong doers at
large. In present costs of
suit, no discrimination between
injurers & injured.

Supplemental branch
in case of deficiency.

To these 2 coercive funds
add Voluntary do.

By voluntary understand
aggregate of voluntary
subscriptions.

Gvtt. branches in general
sufficient – voluntary then
useless. But Govt. fund being
in hands of functionary, he
may refuse it – then voluntary
fund a resource &
a

and a security against all
partial refusals as above.

As to Official hands for
holding public funds See
Ch. XVIII Govt Advocates
§.7. & Ch XX.

Occasions for individuals
to contribute
1. Injurer's funds insufficient
for compensation
2. In a just suit Functionaries
opine that expence of evidence
outweighs probability
of misdecision from it's
absence.
3. For Appeal, losing party
unable to defray expence &
Functionaries opine that
grounds not strong enough
to warrant charging public,
with expence.
Evil might be created by
inapposite allotment of
supplies for this purpose, as
by mendacious assertions:
– this obviated by Procedure Code.

For Eleemosynary Advocate
see Ch. XX.
and for Costs, Procedure Code
@ same as Judicial Establishment
of 1791.

In established systems
helpless i.e. majority left
without defence: this on
part of Govt. a denial of justice.

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Not only this, but to natural
has been added, factitious
expence.

Here, legally established
injustice to many for gain
of few.

In Monarchies, particularly
here, this oppression
result of design. In U.S.
result of design & negligence:
design by lawyers
and rich non-lawyers; negligence
and ignorance of
the rest.

This code excludes all
factitious and provides
means for defraying as
much as may be natural
– expence.

For defraying annual
expence of Judicial Establishment
with or without
Sinking Fund for repaying
capital expended in building
Justice Chambers &c
– employ Fines levied on
litigants.
1. It conduces to ends of
justice – besides a saving
to the public
2. Means of securing its
productiveness.
First

Identifier: | JB/031/148/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1		Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	148	Info in main headings field	blackstone
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	richard doane	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9834
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