JB/052/051/001

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1824 Feb. 4
Constitutional Code

8
+ Seen 11 Feby. 1824 IV 164 (18
Ch. XI Judiciary Collectively
8 §. Procedure First Lines
§.3. Costs

Ch. XI. Judiciary Collectively
§. Procedure First Lines

34 or 21 71
21. the Portion of costs not
extinguishable, nor capable
of being rendered
less burthensome by
transference.

For costs, advance of
which is necessary to
justice, either advance
must be made from
a source other than
party's means, or injustice
must be done:
to pursuer, denial of
justice, to defendant
oppression by the hand
of justice.

35 or 22 72
Means of obviating
these evils.
I. to Pursuer.
1. Evil 1. At commencement,
expence of hired
Assistance.
Remedy: facility of access
to party maximized
as above.
2. So to dos gratuitous
assistant or substitute
where principal is
incapacitated.
Strong the presumption
of extremely bad
conduct, if, he being
in the right, no man
of good character will
speak a word for
him in public to the
Judge.

Irremediable is the
evil in this case

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Ch. XI. Judiciary Collectively
§. Procedure First Lines

36 or 23 73
2. Evil 2 Expence of
journey to and fro, &
demurrage.

Impossible the abolition defalcation
of the evil.

Means of minimization,
smallness, thence
numerousness of the
Judicial Sub Districts.

37 or 24
3. Evil 3. Costs of Copy
of Minute of proceedings
on the Initiatory
application.

4. Evil 4. Do of Do of Accusation
order, or Prehension order.
Remedy as above per
manifold writing

38 or 25.
5. Evil 5. Do of conveyance
of Minute and
Order.

Remedy. Conveyance
at Government expence
by Letter Post as above

39 or 26 74.
II. To Defendant
Evil 1. In case of prehension,
expence of
conveyance & subsistence.
Remedy. This defrayed by Government,
as usual
in case of necessity.

40 or 27 75.
Questions in case of
accessition.
1. Is he able to endure
the expence?
2. if not, shd pursuer
be obliged to advance
the money on pain
of loss of suit?

3

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Ch. XI. Judiciary Collectively
§. Procedure First Lines

75 40 or 27 contind
3. Pursuer able or
unable, shd. the Judge
be empowered to order
Registrar to advance
the money at
public expence? Yes,
if no preponderant danger of abuse
But this will depend
upon particular circumstances,
as to
which, see Procedure
Code.

76.
To this evil, applies
as far as it goes, the
epistolary mode of interrogation,
as above.

77
For further, and eventually
adequate
as well as comprehensive
remedy,
see further on the arrangements
relative to this
for the establishment
of a Litigation-relief
fund.

Identifier: | JB/052/051/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1824-02-04	Marginal Summary Numbering	71-77
Box	052	Main Headings	constitutional code; procedure code
Folio number	051	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	d8 / e8 / f164
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	16724
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