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1824. March 27 +
Constitutional Code. Copd
ulto
Ch. XI. Judiciary collectively
§. Justice to the poorest
2
Art. 3. By relative indigence understand inability to
defray the Art. 3. above mentioned expence. The evil attached to it as above takes a different character shape, according
as it is on the pursuers side or the Defendants
side that the relative indigence its influence applies operates has place.
On the pursuers side the effect evil is different according as the expence indigence
In this case it is either original or incidental: original when
the effect of it the indigence is to prevent him a person who would otherwise have placed himself
taking his in that character have entered upon that the career of judicial pursuit from doing so: call this therefore
moreover the judicial or
extrajudicial evil.
himself on that side; incidental, when, falling upon a man
person who has is actually , it put himself entered engaged in that career:
upon it it prevents him from continuing in it: call this the judicial evil: in
this last case, the evil is to the suffering from the loss of right and remedy, is added the
suffering from the impoverishment: especially if, as it is so frequently
the case, that same impoverishment had the expence of the suit for the
sole or principal cause of it.
Art. 4. The person, to by whom, whether by this or
any other cause, the services of the Judge have been rendered
unattainable, stands exposed to injury depredation and oppression in every shape at
the hands of every other person members of the community,
or and even if every other human being when to the
faculty added the an adequate and inducement to inflict it exercise it
Injury thus Of every suit act of depredation or oppression,
thus exercised as above, the legislator, who, whether by through design or neglect negligence omitts
to apply such remedy as the nature of the case admitts
of, renders himself thereby an accomplice. What if much more, to that
mass of expence which of itself grows out of the nature
of the case, he adds a quantity of factitious expences factitious mass
the necessity of which is demand of created either by him either directly,
by his own hands, or what comes to the same thing indirectly by those of other persons
thus acting under his eyes?
Identifier: | JB/042/348/001 "JB/" can not be assigned to a declared number type with value 42.
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constitutional code |
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recto |
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jeremy bentham |
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