JB/042/340/001

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1823. August. 1827 Nov. 15. 5
Constitutional Code

1o 2
III Rationale
Ch. XII. Judiciary collectively
§. 16 13 Justice for the Helpless

15

34
For defraying annual expence
of Jud. Establishment with
or without Sinking fund
for repaying capital and
for building Justice Chambers
&c — employ Fines levied
on litigants.

Enactive. Instructional.
Art. 34. Means of defraying in part or the whole the annual
expence of the Judicial Establishment, with or without the
addition of a Sinking Fund for paying off the capital if
borrowed for the expence of construction of the Justice Chambers
& appurtenances in the several sub-districts and Districts.

This fund is composed of fines to be imposed for criminal evil
consciousness and vexatious temerity on the part of litigants
on both sides.

35.
1. As to its conduciveness
to ends of justice — besides
the saving to public
2. the aim of securing its
productiveness.

Ratiocinative
Art. 35. 1. As to the utility of it with reference in respect of its conduciveness to the several ends
of justice, independently of the benefit of the saving of the
expence to the public at large.

2. As to the means of giving effect to this system in such
manner as to secure the productiveness of it.

36
First conduciveness to
ends of justice — collateral
in particular: exclusion of
needless & pernicious suits
and defences.

Ratiocinative
Art. 36. First as to its conduciveness to the ends of justice, in particular
to the collateral ends namely the exclusion of needless
delay vexation and expence: by the exclusion of needless and
thence pernicious suits and offences defences, pregnant with undue
vexation to the several parties who are respectively on the
right side.

37
The punishment will fall
on the authors of such suits:
as a tax it is prohibitive.
The greater the magnitude of proportional
fine — the greater
its deterritive force with
reference to future contingent
unjust suits &c.

Art. 37. 3. The punishment will, by the supposition, fall exclusively
on those on whose part the blame has place: to wit, the
authors of unjust suits and the authors of unjust defences.
Considered as a tax, it's is tendency is purposely of the prohibitive
one: cast: of its two indisputably and jointly probable effects, this
prohibition is, in so far as its effect is preventive, is the more desirable and probable one of the
two, and goes hand in hand with its antagonist the productive: financial
they the fine: The magnitude of the fine being given, the greater its proportion to the pecuniary demands
circumstances of the individual in question being given, the greater
its deterative force: its deterative is the deterritive force: — its deterritive and thereby preventive force, with force as applying to the
prevention of reference to future contingent unjust pursuits or defences, as the case may be.

Identifier: | JB/042/340/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1823-08	Marginal Summary Numbering	34-37
Box	042	Main Headings	constitutional code
Folio number	340	Info in main headings field	constitutional code
Image	001	Titles	enactive instructional / ratiocinative
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d15 / e15
Penner	richard doane	Watermarks	j whatman turkey mill 1822
Marginals	richard doane	Paper Producer	admiral pavel chichagov
Corrections	jeremy bentham	Paper Produced in Year	1822
Notes public		ID Number	13263
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