JB/047/142/001

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16 June 1805
Evidence

The second branch, if it has not absolutely, nothing has at any
rate, litt very little: that corresponds to it in pecuniary Procedure
of Motions are some are called Motions of course, others are not of
course.

Motions of course are all of them without exception useless. They
are mere pretences for extorting money out of suitors. The Attorney
writes a few lines and receives about as many shillings. The Counsel
for setting his name to them receives half a guinea.

Every such motion So many of these Attorneys fees, so many of these Counsels'
fees, so many sums of money obtained on false pretences. The pretence
is that of an application to the a Judges: the notorious truth
is that the Judges either grant it without inquiry, or never so much
as hear of it.⊞

⊞ In the case of money obtained for making motions a motion of this sort, one of these motions two pretences are
included: the pretence of speaking, and the pretence of thinking. In
some cases two or three one sort of case ten or a dozen words, always the same such as a parent might speak,
are spoken: in other cases another sort of case, not so much as a word is spoken: the motion
maker writes his name. In both cases one pretence is false, the pretence of thinking:
in the other one case both pretences are false: there is neither thought, nor so much as speech.

A man who without a gown should obtain the like same money
on the same pretence, would be sent to heave ballast or visit New South Wales a ballast-lighter or to New
South Wales. A The man who with a gown obtains money by false pretences
in this way, is placed in due season on the Bench, to punish others for
obtaining money on false pretences without licence. Wherein consists
the difference? – in the absence or presence of the jus circenda – of the licence.
The money obtained of the suitor by the lawyer with the licence: is of no more a no more
real service is done, than by the same money if obtained of him by a
swindler without a licence.

For Some of these motions the Counsel are actually made in Court: here
over and above the signature the Counsel is at the trouble of speaking to or
in dosier words: quoth the presiding Judge. "Be is so."

Others are not made in Court, or any where: not a syllable
uttered any where: the name written and nothing more. The inutility
of it To save the trouble of a useless farce, the speaking motions
are converted lapse gradually into silent ones.

Of Motions of course have this to distinguish are distinguished from Motions
not of course the essential character characteristic difference is that they can not be controverted
refused: and therefore can not be controverted. But an application
that can not be controverted refused

There are two sorts of applications petitions that ought not never to be made.
One is that which can not be granted: the other is that which can
not be refused. The utmost that An entry A memorandum in some book and
that an extremely short one is the utmost that in any of these cases can be of any uses the least
use.

Identifier: | JB/047/142/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1805-06-16	Marginal Summary Numbering	5-6
Box	047	Main Headings	evidence
Folio number	142	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	15010
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