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17 July 1804
Procedure & Evidence
If the interests of the suitors had been the end of in view
in preference to that of the lawyers, the fees to this one,and consequently
the expence to the other, would either have been the same in
all degrees of opulence, or if there were any difference, less in cases of
peculiar distress than in other cases. Instead of that they are
greater and much greater.
In causes between party and party, the cases distinguished in
this respect from all others, are the cases called bailable: that is
the cases in which it is in the power of the plaintiff, to cause
the body of the defendant to be put under arrest, and so kept unless
and until he has found friends to become his sureties,
to become eventually responsible for his justiciability. For on whatsoever
ground this power may actually have been established, the only ground on
which it is justifiable, is that of a doubt with respect to the justiciability
ad hoc of the defendant that is with respect to this pecuniary solvency sufficiency.
But in these cases the appetite of the licenced harkes
indulges itself with a peculiar degree of voracity.
In a Town Cause besides a multitude of other expenses necessary or unnecessary,
To an Officer called a Felazir, if in term 12s: if in
Vacation 19s: besides 3s.6d more if taken at a Judge's house.
In a Country cause, besides the expenses in the Country, and
a variety of expenses is necessary or unnecessary in town, to a Judge
for his allocateur that is for the mere signing of his name, if
in term time 5s, if in vacation 12s.
When Bail are taken by the way of summary procedure Justices of the Peace acting out of Sessions,
there are no such charges: and the proceedings of the Country Gentleman
whose labours are given offered to the public upon disinterested terms
are checked and overruled by the man of law whose opulence
fattens itself upon the plunder of the miserable spoils of the distressed.
Identifier: | JB/058/168/001 "JB/" can not be assigned to a declared number type with value 58.
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