JB/057/073/001

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30 May 1804 6

Evidence Procedure

Ch. Justiciability

16
Cases against which
justiciability on the part
of plaintiff requires to
be provided for —
1. Under vexation through
iness
2 Do through mendacity
and calumny
3. Collusion with Defendant
— thence impunity to
the defendant
Of these calmuny
and collusion are
extremely rare.

2. It is only on the score of possible vexation, under vexation to the defendant that or
justiciability on the part of th in case of a purely penal cause, breach of trust by undue favour
to the defendant that justiciability on the part of the plaintiff
is desirable is an object to be provided for. f Of Justiciability
for the purpose of securing satisfaction to the defendant in
cases of undue vexation, the burthen and possible vexation will not in ordinary cases
exceed what is the eventual vexation attached to this obligation of defraying the costs.
A possible case, it is true, is that of wilful calumny in
the case of an accusation, seeking to cause to be inflicted drop down upon the
head on the defendant the highest degree of punishment: this
follows one upon another In the several accusations corresponding to the several inferior
degrees of punishment. But in the case of any degree of punishment,
much more in the case of the highest degree, calumny
of this tendency, will naturally, (as there has been frequent occasion
to observe) be extremely rare. It is rare a rare case indeed that the
plaintiff in a penal case has as much to gain by an the success of a caluminous charge,
as in case of conviction, the defendant has to suffer from the
same cause.

17
Justiciability in
all modes not requiring
forthcomingness
every man is subject
to of without
special securities or
exertions: viz: forfeiture
of reputation,
punishment, and forfeiture
of the protection
of the law for property.
These taken together comprise
a measure means of security
which in the case of the
will in general be subjected

The mode and degree Certain modes and degrees of justifi justiciability it is not
in the power of any man — of any suitor, plaintiff or defendant
to subtract himself from: justiciability corresponding to the loss
of reputation, to punishment — to forfeiture of the protection of
the law for in respect of property as well as person. It is rare indeed that
the contingent profit expe expectable from either a wilfully false
accusation or a false claim of property to be supported by mendacity
and perjury can conntervail the certainty in the hands of any man in the character of plaintiff certainty
of the suffering attached to the complex mass of punishment
resulting from the union of those several modes.

Identifier: | JB/057/073/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-05-30	Marginal Summary Numbering	16-17
Box	057	Main Headings	evidence; procedure code
Folio number	073	Info in main headings field	[[info_in_main_headings_field::[evidence deleted] procedure]]
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18403
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