JB/058/033/001

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May 1805
Evidence

With the ends of procedure coincide in the main, but though
not compleatly, the ends of judicature: not in point of extent the latter expression
wants something, though not much, of being equal to the former.
Of the mischief produced that will be seen by a bad system of procedure, it is
but a part that is produced by judicature, by bad judicature,
by misdecision. Of the mischief produced producible by misdecision
no small part it will be seen is equally producible without
misdecision, without decision, for want of decision on the
part of the Judge, by non-decision; on the part of the him who
has been or should have been demandant, by desistment, by non-demand.
The worst thing that To him who has a just cause of demand
the worst thing event indeed that can happen is to be subjected to the
vexation and expense attached to the station of demandant,
and after all not receive the service obtain the fruit of it that is his due. But to
find the doors of justice shut against him, and thus to be
deprived of his right whatsoever it may be, is by no means a
matter of indifference. In the lot of vexation and expence attached
to the suit lies consists the difference, and the only difference.

To the station of demandant there is no sort of injury,
judicial vexation and expense excepted, that may not be done
without misdecision, without judicature, as well as by misdecision by means
of judicatories.

Where there is no demand, it may be said, there is no
procedure, no judicial procedure. True: but where the
cause of the non-existence of the demand is to be found in
the system of procedure, in so far, it is evident, does the system
fail of being adapted to the fulfilment of the correspondent end:

Identifier: | JB/058/033/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05	Marginal Summary Numbering	1
Box	058	Main Headings	evidence
Folio number	033	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18702
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