JB/058/378/001

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14 June 1805
Evidence

Of these the burthen of the expence and vexation, the evil opposite
to the collateral incidental ends of justice, is a quantity which in
comparison of the other is but in an inferior degree little subject to variation: and in
the burthen from ultimate misdecision, the evil opposite to the ultimate
collateral end of justice, the evil sort of oppression flowing appertaining exclusively
from misdecision to the prejudice of the defendant's side, is
subject to variation, upon a scale indefinite in extent of indefinite extent, upon an
indefinitely extensive scale.

The latter sort of burthen evil being a burthen which requires
partic situations, opportunities, interests and incidents more or less peculiar in some degree
particular for the imposition of it, is in comparison will comparatively speaking be but little in
use. It is the other that being the best fitted for general use, cuts makes
by far the greatest figure in practice.

A man having or purchasing for the purpose a small
demand, just or unjust, against another, the state of whose affairs
admitts not of immediate payment without ruin or great inconvenience, proceeds
against him in the channel track of oppression vexation and expensive
and vexatious track marked out for the purpose by the system of regular procedure.
For this purpose a demand of a shilling serves as well as a demand
of £1000: and it is evident that in the case of the shilling, whether it
be due or not due, makes in this respect no material difference.

That for the mere purpose of a gratification enmity to the dissocial passion of enmity,
and without any to the self regarding passion, the desire of the matter of wealth proceeding
a course of the sort in question should be engaged in is probably in
England at lest comparatively speaking rather an uncommon case.
But that this very course should be engaged in, for the sake of the
profit, the professional profit for example derivable from it, is so far
from uncommon as to have become a regular and established branch
of practice; at least so far as evidence might give to the statements of the cases that so frequently transpire through
the medium of the press.

A dealer of this sort, if by accident a good bill is put into his hands,
with instructions to receive the amount of it, complains of the goodness
of it as an injury. Being a good bill, the amount of it is paid
on presentation: and thus litigation being pro is disappointed of the
litigation being prevented, the lawyer is disappointed
professional lawyer not to speak of his official partners, is
disappointed of the expected fees.

Identifier: | JB/058/378/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-06-14	Marginal Summary Numbering	9-11
Box	058	Main Headings	evidence
Folio number	378	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d13 / e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	19047
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