JB/058/377/001

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14 June 1805
Evidence

Upon the other plan the wrongdoer does no part of the mischief
alone or by his own hands, he does the whole of it by the hand of the
man of law. The oppression heaped upon the destined victim is produced. The individual the destined victim marked out for ruin is bruised and
oppressed, partly by the burthen imposed thrown upon him by the ultimate
decision pronounced to his prejudice, the in allowance of the unjust
demand put in preferred by his oppressor in the character of plaintiff –
the decision purchased of the Judge and his associates by the
demandants heavier purse – partly by the intervening and continually encreasing burthen
gradually thrown heaped upon him by the mass of expence, vexation and delay
heaped up that has been accumulating during the continuance of the cause.

Of these two distinguishable efficient causes of oppression, the
latter is the one that naturally speaking will of the two be the more frequently
of the two brought into use. For unless the object of suit be of the criminal
class, and the object and punishment the mischief aimed intended to be produced
by it, the amount of the burthen can not be very considerable
it will fall in no other shape than that of pecuniary loss. But in
this case, the loss consisting in general in the obligation of giving up something some
article or mass of property that a the defendant has already in his possession, the
value of it will to the extent of that value afford supply
him with the means and possibility faculty of defending himself: while
on the other hand, it a case not to be overlooked is that may also happen that before the hour of
ultimate decision is arrived comes, the means of defence though at the
outset not inconsiderable, may have bee exhausted.

Upon the whole, there are two distinguishable burthens, which
upon this second plan, as the oppressor, that is every man who is rich
enough may be sure of heaping upon the head of his intended victim,
by the means hands and the means so carefully provided for him by the man
of laws:⊞ ⊞ the burthen of expence & vexation
heaped up during the continuance
of the cause, and the burthen
produced by the misdecision
pronounced to the prejudice of
the defendant's side, at the conclusion
of it: the oppressor, that is every man who has money and wickedness
enough to serve bring up to the price set put by the man in the aggressive warfare of law upon his assistance: the
oppressed, the destined victim, that is every man who is unable to pay the price put by the same
official hand upon the faculty of self-defence.

Identifier: | JB/058/377/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-06-14	Marginal Summary Numbering	7-8
Box	058	Main Headings	evidence
Folio number	377	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / d12 / e3
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	19046
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