★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Click Here To Edit
1829. June 5. 17
Petitions.
Supplement
II. Elucidations
§.6.Danish Reconciliation Coms
27 or 1.
Benefits of the institution.
1. Suits diminished in number
2. Expense of lawyers saved to parties.
28 or 2.
1. Suits how diminished? For all suits must go through this tribunal before going to the ordinary courts and therefore the number on the face of it increased.
29. or 3.
Answer proceedings in this Court distinguished from suits as carried on with little or no expense.
30 or 4.
2. Nondenial of justice — Denial of justice equal to the number of cases struck off from the list of suits.
31 or 5.
Argument that by denial of justice litigation is suprepressed
32 or 6.
Classes employing this argument two –
1. Gainers by the denial.
33 or 7.
2. Persons who though liable to suffer severely yet submit to the danger rather than deprive themselves of the means of maleficence.
35 or 9.
Monopoly of justice its value as an instrument of 1. oppression.
36 or 10.
2. Depredation — as to
1. money or moveables.
37 or 11.
2. Immoveables — Naboth's vineyard.
38 or 12.
2. Tax on bread bad — a tax disguised in the form of a monopoly to home corn growers worse.
39 or 13.
Reasons
1. Of a direct tax the benefit would accrue to the public at large – of a monopoly to the corn growers alone –
2. Monopoly productive of fluctuation of price.
40 or 14.
Tax on medicine worse than tax on bread.
41 or 15.
Tax on justice worse than tax on medicine.
42 or 16.
Justice stamp tax worse than justice fee tax.
43
Tax upon justice no check but an encouragement to litigation.
44
Unhappy efficiency of dyslogistic appellations.
45
Benefits to Judge from tax on litiscontestatn.
1. When paid by plaintiff.
46.
2. When paid by defendant double benefit.
47
In the first case evil of 1st order, in the 2nd evil both of 1st & 2nd.
48.
Moral guilt and criminality of fee fed judges and Legislators who establish the system.
49.
Sovereign whatever his moral guilt screened from criminality.
50.
Imperfection 1 — Attainmt of ends of justice incomplete.
51.
Reconciliation all that is effected and this can only be by inducemts held out to parties.
52.
These inducements a representation of the probable result of a suit if instituted.
53.
The result of the representations different according to parties' circumstances.
54.
Existence of pure tribunals suppose the existence of corrupt ones in the background.
455.
These tribunals do no good but what might be done more effectually by ordinary judicatory on the proposed system.
56.
Insufficiency of this institution
57.
Cardinal vice expensiveness.
58.
Number of dropped causes not attributable to the fee gathering courts alone.
59.
One cause of the dropped causes may be the exhibition of the evidence at the outset.
Identifier: | JB/081/234/001 "JB/" can not be assigned to a declared number type with value 81.
|
|||
---|---|---|---|
1829-06-05 |
27 or 1 - 42 or 16, 43-59 |
||
081 |
petition for justice |
||
234 |
petitions |
||
001 |
|||
copy/fair copy sheet |
1 |
||
recto |
|||
john flowerdew colls |
b&m 1828 |
||
arthur moore; richard doane |
|||
1828 |
|||
26021 |
|||