JB/047/297/001

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11 Jany 1812
Evidence

To the English lawyer Among lawyers, and more especially among English
lawyers, So so commodiously, and thence so universally,
is custom accepted as an adequate substitute
to reason – so unprecedented it is for them him a man
to trouble himself with any such question thought, as in regard
to the purpose of justice there be any real need for any
of the to any of the established torments, out of which his comforts are extracted
what in point of utility and justice may have been the ground
for the what the ground may have been for establishing them establishing of them –
as better so much as whether they have or ever had any such
ground which will be apt to appear question at all – that at the first a careful mention, a no less question to any such effect will be apt to present itself
to them as no less novel than idle and absurd. But, concerning
judgment by default, and everything that is equivalent
to it,(a) – should it be it in a House of Commons – be it in a House
of Lords or be it anywhere else in any other place should any such misfortune
happen to him as to find feel himself under a
necessity of finding something, in the character of a reason
to give, an answer to the question – why it is that
judgment by default is made to follow upon default, his reason
would be this or nothing, viz. that in this case, on
the defaulting side, want of merits is inferred; and,
not only so, but that it is from the allegations
contained in the instrument last-delivered instrument, and on the other side – it is from
that and nothing else, that the inference is deduced.

Note (a)
(a) [Equivalent to it] Examples. – in Common Law practice,
Judgment as in case of a nonsuit: in Equity practice,
Bill taking of the Bill pro confesso, in case of what is called
contempt: for, when, by the ruin of his fortunes, and consequent
inability to pay the appointed price for a chance of justice, the appointed
price, a man has been reduced to the lowest pitch of humiliation,
pride contempt, the offspring of price, is imputed
to him: and it is for
this pride that he is
punished: – punished
by being
excluded from that chance.

Identifier: | JB/047/297/001 "JB/" can not be assigned to a declared number type with value 47.
Date_1	1812-01-16	Marginal Summary Numbering	9, 11, 11a
Box	047	Main Headings	rationale of judicial evidence
Folio number	297	Info in main headings field	evidence
Image	001	Titles	note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d10 / e5 / f83
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15165
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