JB/052/573/001

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1823 Octr 27 +
Constitutional Code 1. Enactive Part

1o
II
Ch. Judicial Abuse obviated
(1 §. Vexation by cheapness of
Appeal

§. Vexation though cheapness of Appeal

4 Exposition
Opposite evils from
dearness and cheapness
of judicial service
unless obviated by
apt collocation

Art. Of Appeal, a correspondent delay is an
indispensable unpreventable concomitant. Delay has the effect of injustice while
it lasts. To all persons the whose condition is in any way deteriorated in whose instance
by delay, it has vexation for its concomitant. Evil in this
as in all other shapes it will be the business of the legislator law to
minimize. So re through needless difficulties in the way of
Appeal, and in particular to load this remedy with factitious
expence, or to omitt any opportunity means of disburthing
it of this obstacle without preponderant evil would in this
stage operate in as a denial of justice as in the
Stage. On the other hand as by cheapness of judicial proceedings in the commencing/initial instruction stage
if not acc accompanied with relative means of
repression for the restriction of injurious ones so will it of necessity
in the concluding termination stage. For To the prevention of evil in this
shape the following arrangements following are directed.

1. Enactive
1
Art. 1. In pesculi,
Appeal decreed anticrimatious,
power to
Judge Appellate to
add to the any punishment
punishment susceptible
of gradation, a portion
not greater than
one fifth.

Art. 1 In a penal case suit, if the in the opinion
of the Judge Appellate the Appeal is was groundless,
and to such a degree groundless that, in the opinion of the Appellate it cannot reasonably
be supposed to have been otherwise, power to the Judge Appellate
to add to any punishment susceptible of gradation
al constituting which constitutes the whole or a part of the allotted punishment,
burthen of compensation included a any portion not
exceeding [one tenth] or [one fifth] of the punishment appointed
by the Judge Immediate.

2
Art. 2. This in addition
to compensation for
loss of costs.

Art. 2. On the Appellant if the original decrees be not
reversed or modified will be of course the burthen of compensation
as to all expence costs produced imposed by the Appeal to upon the
party or parties on the other side or even one as well as those
imposed upon any such party or parties on the same side, if any, as did not join in it.

Identifier: | JB/052/573/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10-27	Marginal Summary Numbering	not numbered
Box	052	Main Headings	constitutional code; procedure code
Folio number	573	Info in main headings field	constitutional code i enactive part
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	17246
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