JB/057/152/001

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18245 Decr Jany 15 1
Procedure Code

Ch. Security against
Suit
§. 1

Connections to witnesses too burdensome
Reminders
1. Pecuniary defeat
2 The security against falshood
3. The Accessibility securing Declaration in the Applicants Paper.

Ch. Security against groundless [and vexatious] suits
§.1. Suits producible. 1. Waste of judiciary time.

1
No suit commenced
without security against
groundless vexation

Art. Without such security as by him shall
be deemed adequate against pre vexation to evil, be no
suit will the Judge give either continuance or commencement.

2
Evil of groundless vexation
suits
1 Waste of judicial time
2 Vexation to Defendant
& eventually to his connections

Art Under In the case the hand of vexation handed Arts. 2 Of the evil resulting from groundless and vexatious
in the first place the the next suits how breaches require to be distinguished, the evil place
vexation to the litigation their execution 1. Evil by waste of the time of the judicature: thence delay, vexation
and expense to the suitors in other suits, how well
so ever grounded.

Art. By vexation to the judiciary
2. Vexation to parties and their con the proposed Defendant and eventually
to his connections: for example and in particular in the character of
witnesses or bandsmen.

3
Nature of security to
depend on applicants
circumstances

Art. The nature and efficiency of the security will
depend on the partly in the general condition in life of the applicant, partly
in their present condition of the proposed defendant as compared
with the nature of the power proposed to be executed exercised at
his charge.

4
Waste of time minimized
by immediate dismissal

Art. As to the waste of judicial time, if
the application is dismissed in the first instance, the waste is
minimized: slight light if in proportion is the security necessary to
be taken for the exclusion or repression of evil in this shape
at the charge of applicants. We In this shape and in this degree
waste is an evil essential to and inescapable from the institution of judicature.

5
In this case only by
multitude of applications
the only cause of any
formidable encrease
of the evil

Art Only on case by of cooperation wheth with or without concert on the
part of a multitude of applicants, whether with or without
concert, can this evil be rendered considerable and formidable

Art. By the instrumentality of this cause, th but for appropriate
restraint: by the instrumentality of this cause the evil might
to such a degree be swelled as to be convert into an aggravation of the
disease
disease the remedy which
it is the case of judicature
to provide. But the
restraint proper to the case
is as less securely efficacious than it is obvious.

Identifier: | JB/057/152/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1825-01-15	Marginal Summary Numbering	1-5
Box	057	Main Headings	constitutional code; procedure code
Folio number	152	Info in main headings field	procedure code
Image	001	Titles	ch. / security against groundless suits
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	18482
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