JB/081/281/001

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1829 June 14
Petitions

Supplement
(3) II. Elucidations
§.6. Danish Reconciliation

62
In regard to settled
suits baleful effect
of fee gathering system
and insufficiency of reconciliation
courts still
discoverable

These dropt suits as they have been here ventured to be called
causes — these non-settled causes — being thus disposed considered of
remain for consideration those to which the proper authority has
given the denomination of settled ones: those in relation to which the
wished for reconciliation is stated as having had taken place.

But here again likewise the baleful effect and universally exterminatory
effect of the fee-gathering system still shews itself is still
discoverable: and in regard to those likewise the insufficiency of the
publication to the purpose of justice in comparison of the only effectual
sum remedy the compleat substitution of the summary mode course of procedure as applied by under
an uncorrupted judiciary to the existing regular procedure
under the corrupt one.

63
Mala fide plaintiffs
expectation to obtain
an accession to the
subject matter of his
demand by intimidation

In every one of these instances at the time of sending in his demand to the Commission the self proposed plaintiff
either thinks he thought that demand a well-presented one, or
he did not. In the in which in the eyes of him by
whom it was proposed the demand was not a well grounded one,
he comes under the denominations of a mala fide suitor on the
plaintiff's side or mala fide plaintiff or plaintiff in
whose mind the state of mind termed evil consciousness has place — a consciousness of not
being in the right. With this persuasion in his mind what then
can have been the inducement by which his determination to take
the course which by the he has taken — the course of sending
in his demand — has been purchased? Evidiably the expectation
of obtaining by intimidation at the hands of the proposed defendant obtaining an accession to the whole or to a
part more or less considerable, of the benefit which is the subject matter
of his demand. Intimidation is the presenting a prospect of
eventual evil in the event of the non-concession of the benefit which
thus to be produced. Now then — this same eventual evil —
what is it? It is the evil which by the power of the ordinary
judicatory will be made to fall befall on proposed defendant. This evil
will be greater or less according to the degree of plenitude of his purse according to
the relative sufficiency of his pecuniary circumstances, relation had
to the expence of the suit when carried in the event of its being protracted to the
utmost
utmost of the length accompanied
with the utmost of the expence
to which the course of
procedure pursued by the
Judicatory in question places
it in the power of a mala
fide plaintiff to give to
it.

Identifier: | JB/081/281/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-06-14	Marginal Summary Numbering	62-63
Box	081	Main Headings	petition for justice
Folio number	281	Info in main headings field	petitions
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	26068
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