JB/042/357/001

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1825. March 30 Nov 3 +
Constitutional Procedure Code. Copied and Copy corrected

Ch. XII. Judiciary collectively
§.17. Justice for the Helpless

8

2
insomuch that, were it the separation possible, equal Justice would require,
that were it possible, every litigant to whose proceedings on the
occasion of the suit no blame would be imputed should he

exonerated from his portion of the expence of such remuneration
of delivery as before the Judicature
and the whole burthen of it be left to bear cast upon those by whom
Example of the
Case in which the disadvantageousness is at its
their share in the aggregate benefit of this same security is
advantageousness of the
enjoyed, without any such conflict being subjected to any

such afflictive alloy.[+]
[+] To throw upon litigants
the whole burthen or any
superior share of the burthen
of the judicial
establishment is no
more able to
justice and the greatest
happiness principle,
than would be the throwing,
on the occasion of
any event, the whole
burthen of the military
establishment and military
defence upon
a thin line of frontier,
or the imposing a tax
on sickness in each shape — so much for every fit of the rheumatism, so much for every stone extracted
or to be extracted, in addition to the tax on medicines.
See Protest against Law Taxes.
of

This considered, whatsoever portion of the Government receipts

is allotted to the employed in defraying the expence of this remuneration
of the bestowing
together with that of the stock employed in the same service
be distinguished denominated by the denomination appellation of the Ordinary Justice
funds which the portion of these same receipts employed in
facilitating the access to justice on the part of the otherwise
helpless, may be distinguished from it by the appellation of the extraordinary Justice fund.

(1)
The expence of remuneration for the services of judicial
functionaries constitutes, (it may here be said) a portion of
the aggregate expence of every suit's and for this item (it may be observed) no provision
is made by included in the place of the abovementioned fund considered in
either of its branches. Only, however, in outside
appearance does this portion of the expence belong to
any one suit any more than to another: only in
outside appearance does are the benefits derived from it
enjoyed by one description of litigants more than by
another, or by litigants in the aggregate more than by non-litigants.
In fact, in the aggregate of the most benefit derived
from the services of this class of functionaries, the class of
non-litigants enjoy by much the greatest share: since
whatsoever security they enjoy for their respective
possessions, is enjoyed by them of altogether free from those
drawbacks, which apply have place in the case of litigants:
insomuch

Identifier: | JB/042/357/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1825-11-03	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	357	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e8
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public	[[notes_public::"copied and copy corrected" [note in jb's hand]]]	ID Number	13280
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