JB/055/044/001

Click Here To Edit

1823. Decr. +
Procedure Constitutional Code or Procedure

5
Ch. Judicial Abuse obviated
5 §.3 Evils of judicial abuse

A person to whom the faculty of obtaining for his protection
against oppression the appropriate judicial services of a the Judge is altogether
wanting whereas, exposed to oppression in any shape
at the hands of any individual in whose breast the desire
of inflicting such oppression shall happen to have place.
In this situation the more interest expence intently and
attached to operations of the nature in question suffice
of themselves to place many an individual, make any
a to the and burthen, any
which by is avoidable.

First Sheet

14
There be no man
who has the motive
the could
adequate means be wanting
for converting the power of
judicature into a boundless
evil

Thus it is that sitting/abstraction made under legislative restraints to no man who has the official requisite
motives would adequate means be wanting for converting the services power of the Judge into an instrument
of oppression evil.

15
Branches of this evil
1. Private, vexation
to individual defendants
in the several suits.

Of The evil thus producible there are two branches,
the private and the public. 1. The private consists in the vexation
to which in the situation of defendants individuals are capable
of being subjected by groundless suits: the public branch
consists in the absorption capable of being made of the Judge's
ser time by the same instrument. Let the number of Judges
employed in a given district in so many judicatories be ever
so great, there is nothing in the original nature of the case — there
is nothing in a word but legislative restraints, by which
this branch of the evil is capable of being and is excluded, or
so much as limited. pruned

2. Public. — absorption
of Judges time by these
groundless suits so as
to leave none for
well grounded ones
Judicatories ever so
numerous, all their
time might then be
exhausted.

Suppose the time of the Judge absorbed by groundless
suits, none is left for well grounded ones, and the whole the process of the judicature
instead of being a remedy, the whole process of judicature
is an additional disease.

Identifier: | JB/055/044/001 "JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-12	Marginal Summary Numbering	14-15
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	044	Info in main headings field	Procedure or Procedure
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D5 / E5
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17765
Box Contents