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1824 Nov. 18
Procedure Code
Delay
6. Suits of the most simple nature are those of the most
common occurrence as above exemplified. Suits may be
rendered amply and the compleatly augmented by any
one of a long train of causes of herein below
nominated: and by any and each of those causes
by each of those causes the suit is swelled into a compound
capable of being composed of elements, each of which
is equivalent to an entire suit on of the most simple form as
above exemplified – each of them susceptible of continued
delay by absence unforthcomingness of evidence.
Expence
7. Instead of telling his story stating his case to a professional assistant
that the professional assistant may state it to the Judge, justice
require that the party be in all cases admitted to state it in person to
the Judge. Thus is the time of one out of two persons saved.
The Judge should be and may be paid and is paid by the
public, which is always able to pay him: the professional
assistant can not be paid by the public: he can not be paid
by any person but the party: and where the party is unable
to pay him, either he must go without justice or the ear
of the Judge must be open to him as above, and in any community in this
case are the vast majority of the people.
It is the interest of the professional assistant to maximize
factitious delay and vexation for the purpose of maximizing
expence and thence his share in the profit upon the expence.
The Judge has no such sinister interest. By his
particular and sinister interest he would be led to maximize
precipitation so far as by abridgment of those
at large his own time and labour would be abridged. But
to the power of this sinister interest there is the check applied by
the public eye and th added to all those other checks provided
by Ch. XI. Judiciary collectively §. Checks.
Identifier: | JB/054/007/001 "JB/" can not be assigned to a declared number type with value 54.
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jeremy bentham |
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