JB/058/106/001

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14 May 1805
Evidence

Compared with delay, its seeming antagonist correlative opposite precipitation, will
be found altogether disparate and anomalous. Besides the effects,
it agrees not with it so much as in respect of the persons chargeable
as authors. Delay, unnecessary or preponderant delay, is
at least as liable to be the act and fault of the party, or of the
Judge. Precipitation, considered as a fault by an act from which any
person other than the agent is liable exposed to suffer injury, can not
be the act of any person but the Judge or his subordinates.
By precipitation, if the conduct of either party is chargeable with it, it is
the agent precipitate party himself that suffers by it, not his adversary,
unless it be by the fault by the default of the Judge.

Precipitation then, supposing it to take place, is peculiarly more particularly if not exclusively
the fault of the Jude: and when it does take place, of what
reaction is the mischief caused by it? It is the mischief of
misdecision – the coll ultimate collateral evil incident to procedure – in one or other of its three branches: for
administration of punishment where undue, collation of rights (thence
imposition of corresponding obligations) where undue – administration
of satisfaction, (with its correspondent obligations) where undue.

But through the medium of precipitation may it not happen
to the Judge to produce unnecessary or preponderant vexation? Yes: – and or expence?
Yes: – and yes, and even delay. But in each of these
cases whatever may be the mischief produced, it is the mischief
of vexation, the mischief of expence, or the mischief of delay:
distinct from over and above those mischiefs respectively, precipitation is not productive
of any sort of mischief.

Identifier: | JB/058/106/001"JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-14	Marginal Summary Numbering
Box	058	Main Headings	evidence
Folio number	106	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18775
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