JB/042/169/001

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1823. Octr. 23

Constitutional Code. 2. Enactive Part Ch. Judiciary Collectively
S.

25
those who desire
to inflict evilvexation such
only as have not
means to pay are
prevented from
doing so

The arrangements taken by for the gathering in the fruits of
this depredation serve effectually for the prevention of vexation
in so far as the prevention of it is anto their object of desire
Of those whose desire it would be to inflict vexation on this
adversaries, all those who can not afford to have the instrument
are kept are kept from doing so: and thus
for evil being prevented correspondent good as done

26
To those who can
pay no bar.

But to all those who can and will afford to have
the use this instrument of vexation the use of it is let out accordingly

27
Exclusion of evil
nowhere the object
of judicial functionaries
or legislators

But to exclude evil . to do good in any shape has any is not
been to than an object of desire: if it had been they would
as far as in them have excluded all vexatious suits and all vexation proceedings
in both parts as both sideseach side. Before any vexation was
imposed inflicting on the defendent by the Judge the Judge would have seen the
pursuer and taken from him for this good purpose securities
the uses of which were so abundant for bad bad and
purpose good and bad promiscuously.

—

This then is the separation made: work of design the
greatest part of the evil: of the good in part. The evil all the work
of design the greater part of it: good, work of design as part
of it.

28
Expence of support
of a just claim on the
one side of defence
against an unjust
claim on the other
—

Of the Meantime, obstruction made of whatever is factitious
and thence avoidable, the un considerably and that to a
lamentable degree is in many instancesthe expen frequently the expence in an
side of giving the necessary support to a just well grounded claim, on the
other side, the expence necessary to effectual self-defence
against a just in an unjust one. This bar to justice
though not capable of being removed altogether, might
honour by appropriate arrangements be removed in a considerable
degree. As for the relief of those who would otherwise
suffer for want of food, or for the relief of those who would otherwise
suffer for want of justice that is to any for want of the service
done from judicial functionaries, funds might be provided. If appropriate care care was wanting, the
disposal of such funds
might be a source of
abuse. That the necessary
and sufficient care need
not be wanting: and the
abuse to which relief in this shape is exposed, the difficulty would not be use so great as that of
preventing abuse in the disposition made of relief against the want of the means of sustenance.

Identifier: | JB/042/169/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1823-10-23	Marginal Summary Numbering	25-28
Box	042	Main Headings	constitutional code
Folio number	169	Info in main headings field	constitutional code i enactive part
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d8 / e5
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	13092
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