JB/052/566/001

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1824. Feby 10
Constitutional Procedure Code

14 2o
IV
Ch. XI Costs
(1) §. Procedure First LAws
§.3. Costs
Middle men

39
1. Substitute gratuitous
Evil 1. Time consumed
encreased: at least
doubled: party states
to substitute, substitute to Judge.
This inseparable
Supposed time, to the
principal the facts bare
claim or exclusively known
this being the ordinary case.
In so far as the reverse be
true, these 4 evils have import.

1. First suppose the a substitute
a gratuitous assistant a gratuitous assistant. Note then on this occasion the principal is the one that one of the two to whom
the facts of the case are exclusively or mostly known: this being
the ordinary case the it is to the substitute that they of are best known, these evils have
no place.

[+] In so far as Evil 1. Here the certain evil is Augmentation — doubling at least the quantity
of time consumed: instead of the party stating the
case at once to the Judge, the party has to state it to
his substitute, and then the substitute to the Judge. This
where to be its amount what it may, this evil is a
certain one, being it is inseparable from the nature of the case.

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Evil 2. Misrepresentation
of facts
by passing through
in evidence, danger
of despair and misdecision
accordant.

Of this evil infinite
the diversity, endless
would be the determination

Evil 2. Misrepresentation, applicable to the whole
every part of the whole quantity of matter of fact, which
the claim on the pursuers side has for its ground: misrepresentation
by the substitute, with correspondent danger
of deception and misdecision on the part of the Judge.

Wh How infinite the diversity in which this evil
admitts of is sufficiently obvious: endless would be the task
of an endeavour to determine it.

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Evil 3. Substitution
in capacity of securing
attendance and narration.
On the desired witness
no obligation to afford
evidence to any person
but Judge.

Evil 3. On the part of the substitute incapacity of
securing the delivery of any ser attendance and narration
of such evidence as the [supposed] principal witness
has it in his power to afford: under no obligation is this
witness to afford information to any person other than the Judge

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Evil 4. Probably incompleatness
and undue
partiality of the mass
of evidence. Obligation
none, favour a probable
cause of all evidence:
thus furnished
vexation and expence
of attendance considered.

Evil 4. Probable incompleatness and undue partiality of the mass of evidence.
Judge in this state of things, evidence not being obtainable
from any witness who is not willing to deliver furnish
it; to furnish it t in the first place to an the applicant
at large and then eventually and probably in the pedicators to the Judge
at the price of the vexation inseparable from attendance the operation
an is then put upon the evidence of all
witnesses who are not more or less partial witnesses.

True it is that the party himself has no more power than
his gratuitous substitute to discover or secure the delivery of relevant
evidence. But for the obtaining it from the authority of the
Judge
Judge such evidence
as the nature of the
case happens to afford
he has a much better
chance then when stating
the case to the Judge
immediately, than he
can have when the
Judge receives it no otherwise than at second hand, subject to the danger of omission or misrepresentation, howsoever unintentional, as above on the part of the principal with or forgetfulness
on the part of the
substitute as above

Identifier: | JB/052/566/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1824-02-10	Marginal Summary Numbering	39-42
Box	052	Main Headings	procedure code
Folio number	566	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d14
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17239
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