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<head>1823. <sic>Dec<hi rend="superscript">r</hi></sic> 8<lb/>Constitutional Code <add>or Procedure</add>.</head> <!-- marginal summaries in pencil --><p><note><sic>Ch.</sic> Judicial Abuse obviated</note><lb/>(5 <note>§.</note></p> <p><add>Subordinates Factitious <sic>expence</sic>, that of <unclear>Judges</unclear><lb/>in so far as public <unclear>explanation</unclear> <gap/>.</add></p> <p><note>9<lb/>2. The price should<lb/>be paid by public, not<lb/>by litigants.</note></p> <p><note>Reasons<lb/>1. From all suits taken<lb/>together, non-litigants<lb/>derive more benefit<lb/>than litigants. Non-litigants<lb/>have superior<lb/>security, <add>and</add> without any<lb/><sic>expence</sic>, unless <sic>expence</sic><lb/>is assigned in them by<lb/>legislators.</note></p> <p>Rather more than this is why it is not only by the legislator<lb/>that the amount to be paid should be <sic>fixt</sic> but why in this as<lb/>in other cases it is <del>f</del> by the whole population together <add>taken in the aggregate</add> and<lb/>not by this or that particular class or individual that<lb/>the charge should be paid</p> <p><note>10<lb/>2 Assign the <sic>expence</sic> in<lb/>litigants, <del>you must<lb/>assign it</del> you<lb/>make it the interest of<lb/>the Judge to maximize<lb/>it; you assist it in<lb/>,<add>judicial operations and</add> instruments; and <del>open</del><lb/>the more of these the<lb/>greater <del>the suitors <sic>expence</sic></del><lb/> their profit and<lb/>the litigants <sic>expence</sic></note></p> <p>Moreover if there was any particular class or individual<lb/>on which the charge on this account ought to be assessed<lb/>the <del><gap/></del> last class on which it ought to be assessed is that<lb/>in which by the pretence of all actors it has hitherto in a greater or less proportion been assessed. Why? Answer<lb/>here because that protection which all who are not suitors<lb/><add>would/do upon this plan</add> enjoy without any <sic>expence</sic> — those who are suitors are<lb/>obliged <add>without any such factitious <unclear>import</unclear></add> to practice at the <sic>expence</sic> of the avoidance and<lb/><gap/> <gap/> to the vexation so <gap/>ibly attached<lb/>to it.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1823. Decr 8
Constitutional Code or Procedure.
Ch. Judicial Abuse obviated
(5 §.
Subordinates Factitious expence, that of Judges
in so far as public explanation .
9
2. The price should
be paid by public, not
by litigants.
Reasons
1. From all suits taken
together, non-litigants
derive more benefit
than litigants. Non-litigants
have superior
security, and without any
expence, unless expence
is assigned in them by
legislators.
Rather more than this is why it is not only by the legislator
that the amount to be paid should be fixt but why in this as
in other cases it is f by the whole population together taken in the aggregate and
not by this or that particular class or individual that
the charge should be paid
10
2 Assign the expence in
litigants, you must
assign it you
make it the interest of
the Judge to maximize
it; you assist it in
,judicial operations and instruments; and open
the more of these the
greater the suitors expence
their profit and
the litigants expence
Moreover if there was any particular class or individual
on which the charge on this account ought to be assessed
the last class on which it ought to be assessed is that
in which by the pretence of all actors it has hitherto in a greater or less proportion been assessed. Why? Answer
here because that protection which all who are not suitors
would/do upon this plan enjoy without any expence — those who are suitors are
obliged without any such factitious import to practice at the expence of the avoidance and
to the vexation so ibly attached
to it.
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Identifier: | JB/055/042/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-12-08 |
9-10 |
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055 |
Constitutional Code; Procedure Code |
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042 |
Constitutional Code or Procedure |
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001 |
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J WHATMAN TURKEY MILL 1823 |
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Jonathan Blenman |
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1823 |
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17763 |
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