JB/058/110/001

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29 April 1805
Evidence

But suppose (what in here and there an instance must happen,
spite of all that the legislator can do to prevent it) – suppose
that, at the end of the cause, and in consequence of
the demand that gave birth commencement to it, the burthen sought by it
to be imposed, falls on a person in respect of relation to whom it
is not clear: falls upon the defendant, whereas either there
exists no person at all in respect of whom it is clear,
or if there be any such person or persons, the defendant is not of the
number. In this case, the good aimed at by the
article of substantive law not being accomplished, the vexation
in which the production of the suit terminates, is so much pure evil, the vexation thus produced by the ultimate decision, when given in favour of the demand demandant: and consequently against the defendant
is not preponderated: but either the whole or at least a portion of the evil it was it is so much evil, clear and pure.
To prevent avoid this evil will of course be among the objects to which the legislator will direct his aim. It is however
not the principal aim: for, of to accomplish such aim, if it was
the principal one the success would be a sure and the only
sure course would be not to suffer any such demand ever
to be exhibited: which is as much as to say, either to have
no substantive laws at all, or what comes to the same
thing, not to suffer in any instance the predictions delivered by them to
be fulfilled – in a word not to suffer the laws ever to be executed.

G Ultimate collateral end of the system of procedure –
avoiding to throw upon impose the on a any person, in whose
instance it would be undue, the burthen of the imposition of
which is sought prayed for by the demand.

Vexation produced by ultimate misdecision to the prejudice of the defendant's side of the cause: imposition ultimate of an
obligation where undue.

Ultimate collateral end of the system of procedure –
avoiding preventing to impose obligations where undue – non-imposition of undue obligations where undue.

Identifier: | JB/058/110/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-04-29	Marginal Summary Numbering	3, 3a, 4-6
Box	058	Main Headings	evidence
Folio number	110	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18779
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