JB/058/090/001

Click Here To Edit

2 July 1804 11 May 1805
Procedure & Evidence

§. 2 The Expence, were it unincreasable unincreasable, could not rest anywhere, so well properly as upon the public.

Under the head of vexation, in considering the classes of persons
liable to be affected by it, the public at large, considered in its collective
capacity, found its place in the list: and, under that head a
case in which the vexation, if not prevented, might be productive
of very serious evil, was exemplified.

To the particular mode of vexation here in question viz. expence constituted by expence
the same party the public in its collective capacity is in
a much more extensive degree, and indeed continually and on every
occasion, subjected. But on this occasion, wide indeed is
the difference between vexation in other shapes, and vexation
in the shape of expence. In other shapes, vexation can
any any where fall so heavy as where it falls upon the public:
in the shape of expence – it can not any where fall
so light. Next in point of relief, to the annihilating it altogether, is
the throwing it upon his broadest and most opposite of all
funds.† † Introd. Dum.

In almost every So far as concerns the European state, the expences of procedure,
so far as concerns the remuneration afforded to the officers of
justice, judicial and ministerial – Judges and their subordinates –
especially the expences attendant in the creation and maintenance
of the scale of judicature, are in a degree more or less considerable
borne by the revenues of the State. Nor would it be otherwise
than desirable that the expences falling upon the several other
descriptions of persons concerned, as above enumerated – viz: parties⊞ ⊞ except, in case of mala
fides, to the extent of
the demand for punishment
in case of <note>mala
fide complaint of
defence</note>
agents of parties and witnesses should be made ultimately to rest
upon the same broad extensive fund, were it not for the unlimited and increase
to which the amount of the expence would be exposed. exemption which might be given to the expence, if so disposed of.† † Reference to the head of Remedies

Identifier: | JB/058/090/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-11	Marginal Summary Numbering	11-12
Box	058	Main Headings	evidence
Folio number	090	Info in main headings field	procedure & evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e6
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18759
Box Contents