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Supplement
(5 §.II Elucidation
§ Reconciliation §. Conclusion
23
As to fees demanded
of defendants
obliged to comply
with plaintiffs
demand if they
do not pursue
the prescribed
course
So much for the effect of a fee exacted of a suitor
whose place demanded of a suitor whose place could had
compliance with the demand been possible and paid accordingly
would have been on the plaintiff's side
Now as to the effect case where a demand of a fee
to the same new amount is made of on an individual who
being having without his consent been denominated as defendant
in respect of a demand made upon him, is in the
event of his omitting or causing to act in the course prescribed
to individuals so when the denomination of defendant
is allotted subjected to the obligation of being making paying compliance
to that demand.
24
Object of the demand
may be service required
to be rendered in any
shape — compensation
required for wrong done
— or subjection to punishment
required.
Of this such same demand the object may be services alledged
service in any shape whatsoever required to be rendered to a party of any
description whatsoever — to an individual a person a class more or
less extensive of individuals to the whole assemblage of individuals
of whom the whole community in question is composed
service, rendered by concurring to the conforming with the assistance of
the Judge some right — service rendered by being subjected
to the burthen of yielding compensation for wrong done in any shape to any one of the those sorts
of parties just described — services rendered by being subjected
to punishment for wrong done in any shape to any one of those
same parties: if the punishment to that which has received
the denomination of capital the service such rendered
or supposed to be rendered by a man in consequence by his being put
to death.
25.
Suppose a right claimed
and a fee to Judge demanded as a
condition on which the
defendant may save himself
from compliance
If defendant unable to pay
the fee injustice the
result a Judge an accomplice
This being the case, suppose a fee demanded of
every or any man at a right demanded as above at
the charge of any man and as a condition of his being admitted
to save himself from the burthen of paying compliance with so such demand
payment of a fee demanded by, or by authority of
the Judge, every man whose wish it is to obtain, without
having right, has such (that is to say without its having been conferred via an enactment of substantive law
on those in whose situation he stands the benefit in question) a benefit
or say ri a right in any shape at the expense of any other man
and thereby to committ injustice in that shape, beholds in the Judge a man prepared to be
an instrument in the commission of such injustice, as an accomplice in the commission of such injustice an instrument by which such injustice will
accordingly be committed, if so it be that while he the mala fide plaintiff perseveres in his demand, the person so denominated defendant is by inability to pay [.]
[.] such being fee deprived of the capacity
of contesting — such demand of actually defending
himself against such demand.
Identifier: | JB/081/409/001 "JB/" can not be assigned to a declared number type with value 81.
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1829-05-27 |
23-25 |
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081 |
petition for justice |
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409 |
petitions |
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001 |
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text sheet |
1 |
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recto |
e5 |
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jeremy bentham |
b&m 1829 |
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arthur moore; richard doane |
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1829 |
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26196 |
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