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<p><!-- pencil -->28 April 1805<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Evidence</head></p>
 
<p><head>Ch. 2.  <del>Evils opposite to the system of</del> Collateral <add><gap/></add> Ends of Procedure.  <del>Vexation, – Expence,<lb/>
 
and delay – their correction</del></head></p>
 
<p><head>&sect;. 1.  <del><gap/></del> Vexation, <del>Dela</del> Expence and Delay – <del>that<lb/>
<gap/> that relation</del> <add>connection between these evils</add> – To each corresponds an end.</head></p>
<p>Government is <add>but</add> a choice of evils, <add>in no one of its every department, does</add> it is so in every department:<lb/>
the judicial is <add>affords</add> no exception <add>will be found to this rule</add>.  The good which<lb/>
the system of procedure aims at as its end – the fulfilment of<lb/>
the arrangements taken, the securing of the benefits meant to<lb/>
be secured by the substantive branch of the law – can not be<lb/>
attained – no use so much as aimed at the evil opposite<lb/>
to that end can not be averted nor so much as endeavoured<lb/>
to be averted, without the <del>certain</del> production of a train, <add>and that a certain and immediate one</add> of<lb/>
other <add>factitious</add> evils.</p>
<p><del>Thence</del> Vexation, Expence and Delay, under these names<lb/>
– those but too well known names – may all the immediate and<lb/>
sensible evils produced by the pursuit of the direct end <add>or ends</add> of procedure,<lb/>
be comprized <add>reduced</add>.</p>
<p>Under the <add>more comprehensive</add> head of <hi rend="underline">vexation</hi>, <del>when may</del> <add>might</add> come the two other evils<lb/>
expence and delay, have without any impropriety <del>have</del> been comprized, nor would they on this occasion<lb/>
have been detached from<lb/>
the general mass, were it<lb/>
not that being on <del>many</del> <add>various</add><lb/>
occasions produced by<lb/>
different causes, they<lb/>
require different remedies.</p>
<p>
<hi rend="underline">Expence</hi> it <del>but</del> may be observed is but a branch, a<lb/>
<del>species of vexation:  it is however a species which upon the</del> <add>species of vexation produced by a particular cause:  viz: the</add><lb/>
obligation of parting with a portion of <add>the matter of</add> wealth, without an equivalent:<lb/>
<add>an expence but a species which upon the</add> face of it is easily distinguishable, and <del>for</del> <add>which</add> various purposes,<lb/>
as will soon be seen, require to be distinguished from the rest.</p>
<p>Even <hi rend="underline">Delay</hi> <del>are</del> is in effect but a modification of vexation:<lb/>
it is vexation in any <add>whatsoever</add> shape, considered as produced by<lb/>
lapse of <hi rend="underline">time</hi>.  Delay is, in effect but an elliptical expression,<lb/>
employed for conciseness to signify <add>denote</add> vexation produced by<lb/>
delay.  Take away the vexation, you deprive <add>strip</add> delay of the quality<lb/>
by which alone it is rendered <add>becomes</add> a modification of evil, mischief<lb/>
or inconvenience.</p>
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28 April 1805
Evidence

Ch. 2. Evils opposite to the system of Collateral Ends of Procedure. Vexation, – Expence,
and delay – their correction

§. 1. Vexation, Dela Expence and Delay – that
that relation
connection between these evils – To each corresponds an end.

Government is but a choice of evils, in no one of its every department, does it is so in every department:
the judicial is affords no exception will be found to this rule. The good which
the system of procedure aims at as its end – the fulfilment of
the arrangements taken, the securing of the benefits meant to
be secured by the substantive branch of the law – can not be
attained – no use so much as aimed at the evil opposite
to that end can not be averted nor so much as endeavoured
to be averted, without the certain production of a train, and that a certain and immediate one of
other factitious evils.

Thence Vexation, Expence and Delay, under these names
– those but too well known names – may all the immediate and
sensible evils produced by the pursuit of the direct end or ends of procedure,
be comprized reduced.

Under the more comprehensive head of vexation, when may might come the two other evils
expence and delay, have without any impropriety have been comprized, nor would they on this occasion
have been detached from
the general mass, were it
not that being on many various
occasions produced by
different causes, they
require different remedies.

Expence it but may be observed is but a branch, a
species of vexation: it is however a species which upon the species of vexation produced by a particular cause: viz: the
obligation of parting with a portion of the matter of wealth, without an equivalent:
an expence but a species which upon the face of it is easily distinguishable, and for which various purposes,
as will soon be seen, require to be distinguished from the rest.

Even Delay are is in effect but a modification of vexation:
it is vexation in any whatsoever shape, considered as produced by
lapse of time. Delay is, in effect but an elliptical expression,
employed for conciseness to signify denote vexation produced by
delay. Take away the vexation, you deprive strip delay of the quality
by which alone it is rendered becomes a modification of evil, mischief
or inconvenience.


Identifier: | JB/058/068/001"JB/" can not be assigned to a declared number type with value 58.

Date_1

1805-04-28

Marginal Summary Numbering

1-3

Box

058

Main Headings

evidence

Folio number

068

Info in main headings field

evidence

Image

001

Titles

collateral ends of procedure

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d1 / e1

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18737

Box Contents

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