JB/055/040/001

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1823. Decr 8. +
Procedure Constitutional Code Procedure

Ch.
(1 §.1. Modes of Judicial abuse

§. Modes of abuse, of which litigation is liable to be made the
Instrument

1
Causes of the evil
of which litigation is
liable to be made the
instrument
1. Expence in some cases
2. Absence of do in others

From In two opposite causes ways a suit at law is liable
to be converted into an instrument of vexation and expression.
1. by means of the expence attached to it, on the one/defendants side and
by means of the absence of it, on the other or the pursuer's
side.

2
Expence natural and
factitious — a distinction
necessary how

So th Natural expence — factitious expence: necessary
for consideration is the difference indicated by these two
.

3
1. Natural expence
From this no suit
howsoever simple can
be altogether clear

4
To him whose sole
source of subsistence
is time employed in
labour, whatever occupies
that time operates
in so far as expence
whether it be
money paid or time
by which the money
would have been carried
making no difference.

First as to the natural expence. From experience
and whatsoever, how simple so ever in its nature can be
altogether exempt. Time employed in personal
attendance in the judicatory or in penning a paper addressed
to the Judge is attended with correspondent and proportionate expence
for, in the situation of him, whose means of subsistence depend on labour
and thereby on time employed in labour, by time
which instead of being employed on profit yielding
labour is employed in paying at a judicatory or
elsewhere unprofitable unprofit yielding attendance, as much money
as expenditure is made loss is suffered, as by the expenditure of the
money which would have been earned by it.

5
Minimum of expence
attached to litigation
the money a labourer
of the lowest paid class
would have earned in
the time. To him
the expence is boundless.

The sum of money which but for the attendance paid
would or might have been earned during the time in question by a labourer belonging to
that class of labourers at in whose instance the ordinary wages
of labour are to the least sum of the least represents the minimum of
judicial expence to the maximum there can be no determinate bounds.

Identifier: | JB/055/040/001 "JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-12-08	Marginal Summary Numbering	1-5
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	040	Info in main headings field	Procedure or Procedure
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D1 / E1
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17761
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