JB/058/213/001

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19 May 1805
Evidence

§. 3 Action Effect of sinister interest in this shape – contravention of
every end of justice.
§. 3. Opposition of that corrupt interest to the several ends of justice.

By the single circumstance In the virtue and efficacy of the
very simple and single circumstance abovementioned may be seen as a cause abundantly
adequate to the placing the interest of the functionary in every each one
of its branches in a state of diametrical opposition to the interest of
the public in every each one of its branches, or in other words, to his
duty. On such occasions Throughout it is his interest, that his profit
be as great, his labour is small as possible. By the measure of
the pecuniary burthen imposed on the suitor, both those ends interests are
served at once: those who have wherewithal the money are pillaged, and
thus his profit is encreased: those who have it not are shut out;
and thus his labour is diminished. The tax and the prohibition
work hand in hand: each though in a different way, operates comes
to his benefit to the use of him by whom it is imposed.

Portions of the matter of wealth made to pass on the occasion of any
operation out of the pocket of the individual into the pocket of a public functionary are
called fees. By encreasing the number multitude of operations, we have seen how he encreases the multitude
of his fees. But delay in every length of it is a means source
of probable incidents: every incident is a means source of operations: any
operation is a source means of fees. Such then are already the consequences
of the arrangement: On the part of the excluded indigent, non desistment or non-demand,
consequently according to the nature of the case, non-receipt
of the benefit of the punishment that should have been administered to the
injurer author of the injury, non-receipt of satisfaction, non-receipt of other rights
of whatsoever nature, from whomsoever due:⊞ ⊞ evils opposite to the main direct ends of justice judicial procedure: on the part of the opulent
the admitted and plundered opulent, vexation, expence and delay, evils
opposite to the incidental collateral ends of procedure.

There remain the evils opposite to the three branches of the ultimate collateral end:
administration of punishment where undue: administration of collation of
rights, correspondent (imposition of correspondent obligations); administration
of satisfaction, (imposition of correspondent obligations) where undue.
But to shew exhibit the bulk of this last triplet of evils, we have no nothing more to
do but to convey the indigent man from the station of demandant to that of
defendant: as deprived of by the Judge of that the faculty of defence, that force by
which the hand that stript
him of it, calls upon him
to exercise he finds himself
subjected of to one or
more of those burthens afflictions, according
to the nature of the case.

Identifier: | JB/058/213/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-19	Marginal Summary Numbering	1-3
Box	058	Main Headings	evidence
Folio number	213	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18882
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