JB/058/083/001

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1 May 1805
Evidence

Thus stands the matter with respect to men of law of all
classes, taken without distinction, in the instance of the Judge himself, vexation falling in
the first instance upon him, is liable, when swolen to a certain
bulk pitch, to fall ultimately upon the suitor, and that in such
a shape of a different sort of evil – an evil opposed to a different
end of justice. Swolen to a certain Such is the case where of
the torrent of vexation swells to such a pitch as to overpower the intellectual
faculties of the Judge: if for example, fixed the time allowed to any
given causesuit, fixed limits being set to the time allowed for going through the judicial functions on the occasion
of that cause,(a) being limitative the quantity of evidence and argumentation
submitted to calling for his attention within that time, be more than exceeds
what his intellectual faculties can employ themselves upon with effect made a proper use of.
In this case, the decision, instead of turning being grounded on the merits,
is determined by turns upon ground foreign to the merits, viz. the floating chaos
thus created in the Judge's mind: and the a perpetual
probability of misdecision is the consequence. Thus stands
the matter in relation to that single any given cause suit at law, taken by
itself. But suppose the power faculty of thus accumulating heaping vexation
upon the judge, thus consuming the time of the Judge, to exist
any where without controul, it might be in the power of a few
individuals, with or even without concert, to consume upon a
few causes such suits the whatever proportion of his time had been destined
for the whole number, and in this way to produce a general
failure of justice: and to produce this more extensive mischief
no such limitation of time is necessary as in the other case.

(a) Such An instance of such fixation is afforded by the Trial by Jury
as carried on in English practice English law: at least in non-penal causes. The A consequence
not very unfrequent is has been a refusal on the part of the Judge to try the
cause, the impossibility of forming any clear conception of the case being within the time allotted, being manifest
upon the face of it.

Identifier: | JB/058/083/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-01	Marginal Summary Numbering	7
Box	058	Main Headings	evidence
Folio number	083	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18752
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