JB/051/262/001

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3

Appeal

Quot Thouret Yes, there may be a pretence: for ill. Thouret
has made one. M. Thouret has gi laid down
three principles as the bases to serve form for the basis of his plan, and
one of them is the denial of justice.(a) (a) discours du 24 Mars 1790. p. 17. "The plan of the Committee offers qui but three essential points for your examination, the number of the Tribunals District-Courts, the number of Judges in each Court, and the rate of competence in the first and second instance up to the value of 258 livres."

"The proposition of the Committee", says he,
"is that Judges of the Peace may decide without
"appeal up to the amount of 50 livres": [ —
"why?] "because a suitor has in fact gained nothing
"although he has gained his cause, when after he has
"pleaded in appeal according to regular justice
"for so small a concern, if he calculates
"what it has cost him in loss of time, in
"expence of change of place and in law charges.
"I know very well that 50 livres may
"form in the fortune income pecuniary circumstances of many citizens, an object
"of importance: but these are precisely the
"persons whom it is incumbent necessary on the legislator
"to guard from the temptation of gaining in venturing
"playing at a losing game in a lottery which
"is ruin to them if they lose, and no advantage
"to them if they win. To form a sound
"division on the question whether appeal ought or
"ought not to be allowed, consider not what the
"value of the subject in dispute may be with relation
"to him who pleads for it, but what it is worth in itself
"and whether it be capable without being utterly absorbed of "of undergoing sustaining the reduction which it must inevitably suffer from the corrosive effect of an appeal. p. 15

Identifier: | JB/051/262/001 "JB/" can not be assigned to a declared number type with value 51.
Date_1		Marginal Summary Numbering
Box	051	Main Headings	evidence; procedure code
Folio number	262	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	d3 / d4
Penner	jeremy bentham	Watermarks	[[watermarks::[britannia with shield emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16427
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