JB/058/197/001

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31 May 1804
Evidence

In England the state of things was in some respects
different: but as in regard to the point here in question, substantially
the same. The power, not only that of settling the
quantum of the fees receivable by Judges on each occasion, but that
power of settling determining on what occasions fees should be paid,
was committed, or rather abandoned, to those same Judges personages functionaries.
Even so late as the latter end of the eighteenth century,
Judges of the rank of called in certain situations Justices of the Peace (a particular
class of Judges) found the motive and opportunity for
multiplying the actions of acting, occasions for in the purpose of multiplying
fees. Hence the Act by which in those situations
fees not were replaced by salaries fees were taken from them and salaries given allowed instead.
To Upon Edward the first the name title of the English Justicians
has been conferred bestowed appointed, by those who considered themselves as who thought they were
conferring a title of honour when thus applying it. Had
this Statute of George the 3d been a Statute of Edward the first,
the system which there will soon be occasion to distinguish by
the name of the technical system of procedure, would might
probably never have come into existence. But of this never have been known in England. in afterwards its due place But the state of society was not then
ripe for any such prevention . Prior, intelligence, experience,
many, every thing as yet was wanting. Salaries, though from the first inadequate crept
in by degrees. But had they been adequate as well as well
paid, (and sometimes they were very ill paid went unpaid)+ + 10. Hen. 6. Stat. 2. they would not
have prevented the mischief, they would but have aggravated it continued it.
A system of which business was made for the purpose of making plunder was the object, justice but the pretence
pretence for exacting fees was already organized:: the salary, when it could be got
was protected: but the engine grand patent engine⊞ ⊞ the engine for making business and extracting fees for exacting fees money
under the name of fees being already up and at work, went on working as before.

Identifier: | JB/058/197/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-31	Marginal Summary Numbering	9-10
Box	058	Main Headings	evidence
Folio number	197	Info in main headings field	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	18866
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