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1831 A Decr. 24 40
Constitutional Code Bushrighter &c ++ J
Disinterestedness &c 2o
Ch. XXV
Lord Broughtons Speech
§.5. D
22 Feby 1834 M p 417
Notes by J.B.
☞ Before the new cases
Ground to multiplicity of Delinquents
(a) [Admitt]
1 1
So much for grounds
now as to cautions needful
1. All applying caution, —
Remission none: but
on grounds (i.e. evidence)
adequate to warrant
exculpation or inculpation
For to counter-interrogation,
counter evidence
and publicity, &c
See Procedure Code.
Enactive Instructional
Art. 14. So much for grounds of remission, in the several particular
cases abovementioned: now for cautions as to the application of them
respectively.
Enactive Instructional
Art. One caution precaution there is which, in its application is universal.
In no case instance will the Justice Minister make remission
of punishment on any the ground of without appropriate evidence,
on the ground deterrent: or on the ground of evidence less
probative and c than would be required by him for
the purpose of inculpation or exculpation: moreover, as in these
cases as in this counter evidence as well as counter-interrogation.
Such of them be produce goes into the Exchequer
and will be admitted: and special areas of science excepted (as per
to which see the Procedure Code) the same publicity will be given
contributors to to the lightening of the weight of what was
as in the one case so in the others to the proceeding.
41
Law-taxes are checks upon check litigation is
the language a useful and favorite aphorism of that all those dishonest men who have employed (by whom the practice
there applied the grounded on it appli is applied, as an instrument, to the purpose of cheating their
creditors, or of obtaining on false pretences money or land property in any shape
from those who were are not their debtors
To the injured man who is a suitor, or would be if
he were not thus prevented the fee fed lawyer is what the wolf is
to the sheep, to every b lawyer, what the wolf is to a
wolf of the same kind.
He adheres of course clasps of course to his bosom those taxes, by the produce
operation of which finds the money or money's worth is sent into his own pocket, and in
this way obtains the profit of interestedness: at the same time, so far as the separation
can be made, he reprobates and endeavours to keep off,
the taxes such of them the produce of which is employed in the service of has any other destination,
the community at large, and thus reaps, or seeks to reap,
the praise of disinterestedness. When, and in so far as, a
appears in the character of a friend to law-reform,
it is in this way that his conduct incurs the face of disinterestedness
— though in fact not less interested in this case than
in those other cases. In so far as concerns the getting rid
of stamp duties, the people at large may have him for its
ally: in so far as concerns the getting rid of fees, they should
on
on every occasion be
prepared for the finding in
him an adversary. To the
author of these pages, at
various times,
, a
have been, by various
persons lawyers in the character
of reformers reformers,
the reforms aimed at by
them were of concern such confined
to the removal
of of such delay, and
from which no profit
was seen to flow into their own
pockets. So long as man
is man is man, has he
on every occasion to
prepare for the finding
be otherwise? To be angry with him for this is to be angry with him for existing:[+]
[+] But, by his not being a proper
object for anger, the need of counteracting
his endeavours, so far as they
are opposed to the welfare of the
community is not diminished.
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