JB/052/048/001

Click Here To Edit

1824. Feby. 11.
Costs Constitutional Code

5 161 (15
IV
Ch. XI Judiciary Collectively
(5 §. Procedure First Lines
§.3. Costs
Meddling
A Mercenary

Ch. XI. Judiciary Collectively
§. Procedure First Lines

48.
Repeated here are the
above four evils. But
Evil 1. requires separate
notice.
1. For uselessly encrease
of time consumed no
inducement how gratuitous;
abundant, mercenary.

49.
2. With time of Agent,
gratuitous or mercenary,
party takes more liberty
than he would
with Judge's.

To bestow hearing, gratuitous
stands engaged
by sympathy, & here
party suffers nothing
Mercenary by profit:
and here party suffers
more than Mercenary
enjoys.

True, of this future
suffering he can not
be altogether ignorant.
But in his agitation
the gratification from
the semblance of sympathy,
hides from him
the suffering at the
burthen of it.

50.
Evil 5. Evidence liable
to be irrelevant or
frivolous. Causes, any
one sufficient.
1. Examiner's zeal exaggerates
the importance
of his testimony.
Before the Judge, fear
of penal consequences
corrects the exaggeration.
2. In Attorney eyes, equivocal
do importance
Unequivocal the profit
by adding it to the mass:
Unde

---page break---

Ch. XI. Judiciary Collectively
§. Procedure First Lines

50
Undetectible is fraud
in this case. Sole source
of the party's conceptions,
the fraudulent report
itself.

51.
Evil 6. Evidence liable
to be hastily treacherous
to entrap party
into a disastrous suit,
mendaciously favourable
on the extra judicial,
adverse on the judicial,
examination
By such mendacity
under established systems,
no risk is run.
Of the falshood as not
being judicial, penal
consequences none
Oath none: falshood
not upon oath is licensed.
On examination
by the deciding
Judge or his substitute,
to crown the treachery,
nothing need be said
but what is true.
On the here proposed
plan all such fraud
is obviated [See §.1.]

52
From this source, infinite
the injury, not
only to fortune but reputation.
At the trial,
the litigant, how sincere
soever, is covered
with the reproach
due to insincerity.
"See what your own
"witness says against
"you as if by needing

---page break---

Ch. XI. Judiciary Collectively
§. Procedure First Lines

52 contind
needing a man's testimony,
he had the
command over the
purport of it.

53.
The Evidence obtained
or not obtained —
if obtained, relevant
or irrelevant, impartial
and sincere,
or hostile & treacherous,
the Attorney
is paid for time
labor and journey
employed upon it
Hence, to the interest
he adds the
power of maximizing
expenditure
in all shapes.

54.
Under the here
proposed plan, see
how the matter
stands —

Unless he neglects
his duty, which he
can not do without
being detected
and incurring disrepute,
Judge extracts
from Applicant all
the information he
possesses in a probable
source of evidence.

Identifier: | JB/052/048/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1824-02-11	Marginal Summary Numbering	48-54
Box	052	Main Headings	constitutional code; procedure code
Folio number	048	Info in main headings field	constitutional code
Image	001	Titles	judiciary collectively / procedure first lines
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e5 / f161
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	16721
Box Contents