JB/547/039/001

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8 Novr 1810
Defence

If the persons person thus exonerated and the persons person thus
charged were a different class of persons, the plan
would be exposed to objection on that score. But
the persons are throughout the same: and the effect
is merely to charge them in the case where their
profits will bear the charge for the purpose of exonerating
them in the case where they those profits will not bear the
charge.

To compleat the design a Commander out of the fund aforesaid must be exonerated
of all costs even in the case where the decision
is against adverse to him, to wit in such sort adverse that
it would fall to his share besides bearing his own to reimburse the Claimant's
cost: unless on the score, either of whether it be evil consciousness
or (mala fides) or temerity, blame be imputed
to the Commander by the sentence of the Judge:
in which case let it be moreover in the power of the
Judge to charge the Commander not only in part or in the whole
with the costs incurred on the claimant's side, but
with an additional payment in the name of satisfaction
for any injury committed.

In this plan it is assumed that the charges capable
of being made and fit to be allowed are all of them
fixt settled according to established rules: and this in such
sort that in the case where they are paid by the Treasurer of the proposed fund
sort that there is too considerable danger of their receiving
undue encrease for want of an individual interested as
the prevention at present in making opposition to in case of excess.

Even as matters stand at present it seems not very
easy to conceive, how it should be that in case of excess any
such opposition should stand much chance of becoming proving effectual:
linked together by one
common interest, and
that a sinister interest
as are all the official
persons upon whom
abuse and redress depends,
Marshal, Registrar, Kings
Proctor, King's Advocate whereof not only Marshal and Registrar and Kings Judge: linked together by one exertion interest and that a sinister one: the professional man viz. the Proctor i.e. the Attorney
and the Advocate to whom the management of the interests of that party the commander is interested being forced upon him without power of changes.

Identifier: | JB/547/039/001 "JB/" can not be assigned to a declared number type with value 547.
Date_1	1810-11-08	Marginal Summary Numbering	"or 10, or 11, or 12, or 13, or 14"
Box	547	Main Headings
Folio number	039	Info in main headings field	Defence
Image	001	Titles
Category	Text sheet	Number of Pages
Recto/Verso		Page Numbering
Penner	Jeremy Bentham	Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number
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