JB/081/274/001

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1829 June 6
Petitions

ultisso
Supplement
(8) (1) II. Elucidations
§.6. Danish Reconciliation
Benefits to Judge from fees

45
Benefits to judge
from tax on liticontestation
1 when paid by
plaintiff

Behold now in what different ways the fee-fed Judge
reaps his sinister profit from the every tax imposed upon liticontestation.
In so far as the situation of the person of whom the payment is exacted demanded is
on the plaintiff's or say demandant's side, — in this case the
benefit he claims is not more than half so great as
that which he derives in in so far as the case in which at the charge of
those whose situation is on the defendant's side. If the party
in whose instance the need of the official service of the Judge has
place is as the same time able and at the same time willing
to pay the fee demanded, in that case the benefit he receives
comes to him has place in the shape of pecuniary emolument: if not
either unable or willing unwilling, in such sort that the suit is
not instituted, then in this case in the shape of ease: the time and
trouble that could would otherwise be expended by him on the
hearing of the suit cause is saved to him.

46
2 when paid by
defendant double
benefit

But if, and in so far as, the situation of the person
of whom the payment is demanded is on the defendant's side, here
come the double benefit: in the first place comes the emolument
the certain emolument received on the end occasion of that individual suit: then
comes the benefit receivable at the charge of any such other persons,
as, seeing in the mala fides or say evil evasive litigant
an adversary to whose appetite desire of the pleasure of gratificy antipathy
or rapacity at their expence it would be in vain to oppose
resistance, make up their minds to the submitting to their
fate, and as in case of simple oppression either undergo confinement or banishment to save themselves
from confinement, banishment, or give up to him the subject
matter whatever it is, which is the object of his flugitive desire,
acting in this case the part of the bear in the fable, who, to
save himself from pursuit, bites off the valuable appendage which is
the set and real object of it.

47
In the first case evil
of 1st order in the second
evil both of 1st & 2d order

In the first of these cases the evil is confined goes not beyond the
evil of the first order: in the other case, to this evil of the first order a correspondent
evil of the second order adds itself: in the first case it consists of the actual
suffering
suffering undergone by an
actual victim: in the other
case it is composed of the
danger and alarm to other
future contingent victims,
and these in a number to which there is no determinate limit

Identifier: | JB/081/274/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-06-06	Marginal Summary Numbering	45-47
Box	081	Main Headings	petition for justice
Folio number	274	Info in main headings field	petitions
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c8 / c1
Penner	jeremy bentham	Watermarks	b&m 1829
Marginals	george bentham	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1829
Notes public		ID Number	26061
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