JB/106/133/001

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4 March 1807

4. Accident: viz any under which denomination head may
be included any want which is either does not depend upon
the will of any human being, or even to the present purpose
and want which whatsoever other will ma be concerned in
the production of it, does not depend upo either upon the
system as abovementioned (the work of part Judge and Legislature)
or upon the will of any of the dramatis personæ acting as
above in the theatre of justice.

With a view to remediation the chief use of bringing to
view accident in the character of a source of injustice is this:
viz: that injustice is apt to be referred solely to cause abound exist and to a great extent, in which this power,
when in fact truth it would not have taken place, but for some
imperfection in the system, with or without the concurrence of misconduct,
for example on the part of a malâ fide suitor, occupied
in taking advantage of it.

If a person whose testimony is necessary to prove the plaintiff's
right, dies before his such the testimony has been collected, injustice to the prejudice
of the plaintiffs side, viz: misdecision to the of the suit has in the shape of misdecision
already been commenced, through misdecision, otherwise through demand
as the necessary is the necessary consequence. Misdecision, when
it is seen to originate in this source is commonly referred to pure accident.
But under the technical system in the great majority of instances, under the technical
system it has for its source the imperfection of the system itself
or not by those frauds and artifices which it reviles on the part of
suitors: imperfection, considered with reference relation to its proper end, the
ends of justice; perfection with relation to its actual ends, the ends of
judicature. This To accident, for example, as will the definition
of the evidence, in the case have alluded to spoken of, commonly be ascribed: whereas,
but for the factitious delay manufactured by the system, the accident,
the death would not have been productive of the effect disablement – the misdecision,
which without blami the guilt or blame produces, in other respects the mischief of injustice so far as the losing party and his connections are
concerned, all the mischief of injustice.

Identifier: | JB/106/133/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-04	Marginal Summary Numbering	17-18
Box	106	Main Headings	scotch reform
Folio number	133	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c9 / c2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34721
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