JB/058/075/001

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10 May 1805
Evidence Introd.

§. 12. Visitation pro judium

II Visitation pro judium. The natural course is For
bringing about the pleasure appearance of the source of evidence – at the
thing or script, in the presence of the judge,
the natural course is that the source of evidence should
move to the Judge: – not the Judge to the source of evidence.
The most natural? why? – because, in general the most convenient
cases however are not wanting in which it is the least convenient:
nor others as in (witness land and houses) in
which it is impossible. In those of the former class therefore, convenience,
in those of the other necessity, ordains that it shall
be the Judge that shall move to the source of evidence.
Whether then it be for convenience or through necessity, in cases
of this description the operation of adduction ( )
vanishes out of the list of physical means of forthcomingness,
and that of visitation pro judium takes its place.

In this case the vexation as compared with that of
adduction, all the vexation, whatever it might have been ceases:
or rather or if it ceases not entirely, is transferred from the party to the Judge, to whom
it is made up compensated for by the advantages attached to the his office.

Vexation is not only itself an evil, but it operates as
an efficient cause of its ulterior evil: of a the sort of evil opposite
to the direct other ends of the system procedure. By disabling or deterring men
from coming forward in the character of prosecutors or plaintiffs, it exempts
delinquents from punishment, obviates deprives the injured of the benefit
of satisfaction, and deprives the possessors of other inchoate and as yet ineffective rights of the party
for faculty of rendering them consummate and effective: and thus it becomes in all those evils that stand opposed to the direct ends of justice: by disabling or deterring
men from standing their ground in the character of defendants, it subjects them to
obligations of all sorts, howsoever undue: to the burthen of suffering punishment, where
undue, of rendering satisfaction where undue, and to the burthen of obligations
of all sorts, corresponding to rights unduly claimed by a plaintiff, and
for his advantage benefit, and at the charge of the defendant allowed and
converted into consummate. And thus it becomes pregnant with those evils
which will are specially be seen to stand opposed o the ultimate collateral ends of justice.
See further on Ch. Ulterior Ends.

Identifier: | JB/058/075/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-10	Marginal Summary Numbering	not numbered
Box	058	Main Headings	evidence
Folio number	075	Info in main headings field	evidence introd
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18744
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