JB/055/042/001

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1823. Decr 8
Constitutional Code or Procedure.

Ch. Judicial Abuse obviated
(5 §.

Subordinates Factitious expence, that of Judges
in so far as public explanation .

9
2. The price should
be paid by public, not
by litigants.

Reasons
1. From all suits taken
together, non-litigants
derive more benefit
than litigants. Non-litigants
have superior
security, and without any
expence, unless expence
is assigned in them by
legislators.

Rather more than this is why it is not only by the legislator
that the amount to be paid should be fixt but why in this as
in other cases it is f by the whole population together taken in the aggregate and
not by this or that particular class or individual that
the charge should be paid

10
2 Assign the expence in
litigants, you must
assign it you
make it the interest of
the Judge to maximize
it; you assist it in
,judicial operations and instruments; and open
the more of these the
greater the suitors expence
their profit and
the litigants expence

Moreover if there was any particular class or individual
on which the charge on this account ought to be assessed
the last class on which it ought to be assessed is that
in which by the pretence of all actors it has hitherto in a greater or less proportion been assessed. Why? Answer
here because that protection which all who are not suitors
would/do upon this plan enjoy without any expence — those who are suitors are
obliged without any such factitious import to practice at the expence of the avoidance and
to the vexation so ibly attached
to it.

Identifier: | JB/055/042/001 "JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-12-08	Marginal Summary Numbering	9-10
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	042	Info in main headings field	Constitutional Code or Procedure
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	E3
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17763
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