JB/052/565/001

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1824. Feby 8 +
Constitutional Procedure Code

13
IV
Ch. VI Costs.
8 §.
§.3.

35
6. Remains the most
important transferring
do of the largest portion
possible, of the operation
now paidperformed by party's
paid assistants, to the
Judge and other judicial
functionaries.

(1)
Of all these transference remains the most important
which is the transference of so large a portion of the at present
customary mass of judicial operations from the professional hands paid by the
parties to the official hands paid by the public: d all
danger of abuse for quantum and encrease of private
profit being obviated removed as above.

37.
See now the effect
when an intervention
of this sort has
place

Good in no shape:
evil in many:
Evil, the assistant
gratuitous, much
more when mercenary.

(3)
In the case of present ordinary testimony Of the recently in such
abundance, from the interposition of middle man between the
source of evidence in the case of present evidence between the
source of the evidence and the purse of the Judge, a view is given in
another place: so likewise if the encrease necessarily given
to evil in this shape where in the case where the middle man, being paid, is
paid as in general he can not but be in proportion to the law employed or supposed to be
employed by him well or ill, in the business, and the quantity of written
matter produced matter to which, in his hands
the occasion has given birth.

38
Taken first the case
where the evidence is
"all personal orally"
delivered to the Judge,
then substitutes or
add ready written
and oral evidence.

(2)
Immediately or unimmediately — without or with the
intervention of other minds, one or more — in the Judge's
mind must have been presented all the objects, by
the contemplation of which his decrees have been determined.

Behold now the effects of when in so far asan intervention of this sort has
place. Good in no shape: evil in a variety of
shapes. Evil, even where a gratuitous evil the assistant employed
is of the gratuitous class: evil incomparably
greater where he is of the mercenary class.

36
With or without
intervention of other
mind or minds
Judge's mind
have been
all objects by contempt
of which
hired

G In the first place take the case where the
evidence on which the fate of the suit depends, as all of
it of the nature of personal and orally delivered evidence:
after that then the case in which ready or written
or real evidence is substituted or added.

Identifier: | JB/052/565/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1824-02-08	Marginal Summary Numbering	35, 37-38, 36
Box	052	Main Headings	procedure code
Folio number	565	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d13 / e8
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17238
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