JB/056/203/001

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1827. Novr. 3
Law Amendment.

ulto
Propositions
Ch Procedure
§.1 Beginning.

15
Plea that alleged in
justification that the
parties litigant to whom
the service is rendered
should pay the necessary
expences

In justification of this denial two pleas have been addressed

One is, that 1. Plea the first The pursuer be whom and to whom alone the service performed
by the Judge and judicial functionaries are rendered are the parties litigant
and on this as on other occasions to those alone should service be rendered, by whom what
is necessary to be paid for the obtainment of them is paid.

16
But this not an
excuse for the
denial of justice

If this were true in fact, it would not come up to prove what it
is brought to prove its intended purpose it would not prove that a denial of justice
should be established.

17
Besides that the plea
is false in actual
practice

But the truth of the case is the reverse. On each individual occasion it is not true. Of the whole aggregate of the numbers
of which the community is composed, those who are parties
to the suit are those by whom the least benefit is derived from it
that security which all other parties whose at the to litigants has not been imparted without
been not nor to have been litigants have obtained without
payment of the price paid by the vexation and expence attached
to their such their disastrous condition, all who have escaped being
plunged into it have had the benefit of, without being subjected
to any such vexation or expence

18
And were it true
as to plaintiff where
is the service rendered
to defendant?

Even if in the case of the a plaintiff it were true that
for the money exacted of him he receives a service not rendered
to others, still it would not be true in the case of the a defendant.
From being subjected to the vexation and expence attached to his
plea in the suit, where is the service which he received?

19
And if the plea
were good for payment
of functionaries employed
it cannot be so for those
not employed

If for the requisition an justification of payment for the judicial service at the
hand of person unable to pay for the service of person employed in
the administration of justice this plea were relevant and valid, still
it would not be so as a justification for the requisition of payment
to functionaries not so employed in the service administration of justice.

Identifier: | JB/056/203/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-11-03	Marginal Summary Numbering	15-19
Box	056	Main Headings	Law Amendment
Folio number	203	Info in main headings field	Law Amendment
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D5 / E5
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18259
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