JB/052/036/001

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1823 Dec. 9
Constitutional Code or Procedure

Ch. Abuse by Pursuers obviated
§.1. Proper course

14
Thus, to no man who
has the motives, the
inducements, could
adequate means be
wanting for converting
the power of judicature
into a boundless
evil.

15.
Branches of this Evil
1. Private – vexation to
individual defendants
in the several
suits.
2. Public – absorption
of Judge's time by these
groundless suits, so
as to leave none for
well-grounded ones.
Judicatories ever so
numerous, all their
time might thus be exhausted.

16.
Thus, any person by
whom injury in any
shape had been inflicted
on any other, would
in the practice of oppression,
have a corresponding
adequate
motive, and a means
for thus absorbing the
Judge's time by himself,
Confederates & agents.

17.
Objection. Of restraints
on litigation, you admitt
the necessity.
Fees and other taxes
on the operations and
instruments by which
litigation is carried on,
impose these restraints.

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Ch. Abuse by Pursuer obviated
§.1 Proper course

18.
Answer. True: the
evil is prevented form being
so great as to be
destructive to society:
still, in the modes
in which these restraints
are imposed
it constitutes a great
grievance. Much
of the evil remains<lb/ licensed & established.

19.
Rules for admission
of bona fide and exclusion
of mala fide
pursuits and defences.
1. To every instance
of blameworthy pursuit
whether legal claim
or accusation, attach
factitious suffering.
2. So, as to defence.
3. To no instance of
blameless pursuit
4. or defence
5. Between pursuer
and Judge interpose
not, unless in case
of necessity any third
person
Reasons
1. No assistance
needed, no obligation
of employing assistant
should be imposed.
2. Assistance needed,
none so adequate
and appropriate as
the Judge
3. In

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Ch.
§. 1 Proper course

19 Contind.
3. In many, even
most cases, pursuer's
testimony for
himself is needed
by him.
4. So, his testimony against himself by Defendant
5. So, between Defendant
and Judge.
Reasons the same.
6. Suffer no suit to
be commenced, without
allowance by
the Judge, grounded
on would be pursuer's
statement.
Reason – Without vexation
and expence to
Defendant no such
can have
place. If of this vexation
and expence,
the evil will not probably
be outweighed
by the good produced
by the giving effect to
pursuer's claim or accusation,
no such
is reconcilable
to the ends of Justice. But from the
would be pursuer's
statements, can any
ground for the opinion
of the probability of
such preponderance
be deduced.
8. Evidence of
exclude from no source
or
whether called Witness
or party: receive as
far as offered: compel
and extract in so far
as not offered.

Identifier: | JB/052/036/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-12-09	Marginal Summary Numbering	14-19
Box	052	Main Headings	procedure code
Folio number	036	Info in main headings field	procedure
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2 / f147
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	16709
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