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<p>1825. April 24<lb/> | |||
<head>Procedure Code</head></p> | |||
<p>Hence in each individual case, the need of an account<lb/> | |||
to be taken by the Judge: an account more or less <unclear>careful</unclear> and<lb/> | |||
particular according to the importance of the case with reference <add>relation</add><lb/> | |||
to the direct ends of justice, the quantum of delay, vexation<lb/> | |||
and expence attached to the journey, and the capacity of the parties<lb/> | |||
<del>in question</del> <add>on whom it</add> may eventually fall to <del>defray</del> endure the burthen<lb/> | |||
of the expence.</p> | |||
<p>Thus it is – that on this occasion, as on so many<lb/> | |||
others, between the direct ends of justice on the one hand, and<lb/> | |||
the collateral ends on the other, a sort of conflict may be seen<lb/> | |||
to have place. Employ <add>in all cases</add> the oral mode along with the written<lb/> | |||
and at the same time with the written, say the direct ends of justice:<lb/> | |||
employ the epistolary mode in the first instance, and<lb/> | |||
thereupon eventually only, say in many cases the collateral<lb/> | |||
ends of justice: and individually taken not a few will be<lb/> | |||
the stances, in which <del>both ends</del> the reason, on both sides<lb/> | |||
being taken into the account, the verdict of the principle of utility<lb/> | |||
will be in favour of the collateral ends of justice.</p> | |||
<p>Note here a difference between the case where on the part<lb/> | |||
of the result of the epistolary mode incorrectness or incompleatness<lb/> | |||
having place, the error appears to have <add>inattention or want of recollection</add> for its source, and the<lb/> | |||
case in which it appears to have had sinister interest in other<lb/> | |||
more powerful shapes, and thence mendacity for its causes –<lb/> | |||
in the former case <add>state of things</add> the interest which the public have in rectitude of decision is that which belongs to the non-penal case <add>suit</add> standing by itself,<lb/> | |||
in the other case <add>state of things</add> to that same interest is added the interest which<lb/> | |||
belongs to a penal or criminal case: the interest which the public<lb/> | |||
have in the repression of mendacity – an offence striking at the root<lb/> | |||
of justice. Where no evil consciousness has place, it can not be worthwhile<lb/> | |||
to subject one man to a loss of his power, <unclear>one</unclear> man <add>to</add> another man whose<lb/> | |||
pecuniary circumstances<lb/> | |||
are not <add>considerably</add> different from his<lb/> | |||
in loss of one pound. But<lb/> | |||
it may be worthwhile to<lb/> | |||
the public to pay the ten<lb/> | |||
pound rather than suffer<lb/> | |||
a manifest <gap/> of judicial mendacity to receive triumph as impunity and success.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1825. April 24
Procedure Code
Hence in each individual case, the need of an account
to be taken by the Judge: an account more or less careful and
particular according to the importance of the case with reference relation
to the direct ends of justice, the quantum of delay, vexation
and expence attached to the journey, and the capacity of the parties
in question on whom it may eventually fall to defray endure the burthen
of the expence.
Thus it is – that on this occasion, as on so many
others, between the direct ends of justice on the one hand, and
the collateral ends on the other, a sort of conflict may be seen
to have place. Employ in all cases the oral mode along with the written
and at the same time with the written, say the direct ends of justice:
employ the epistolary mode in the first instance, and
thereupon eventually only, say in many cases the collateral
ends of justice: and individually taken not a few will be
the stances, in which both ends the reason, on both sides
being taken into the account, the verdict of the principle of utility
will be in favour of the collateral ends of justice.
Note here a difference between the case where on the part
of the result of the epistolary mode incorrectness or incompleatness
having place, the error appears to have inattention or want of recollection for its source, and the
case in which it appears to have had sinister interest in other
more powerful shapes, and thence mendacity for its causes –
in the former case state of things the interest which the public have in rectitude of decision is that which belongs to the non-penal case suit standing by itself,
in the other case state of things to that same interest is added the interest which
belongs to a penal or criminal case: the interest which the public
have in the repression of mendacity – an offence striking at the root
of justice. Where no evil consciousness has place, it can not be worthwhile
to subject one man to a loss of his power, one man to another man whose
pecuniary circumstances
are not considerably different from his
in loss of one pound. But
it may be worthwhile to
the public to pay the ten
pound rather than suffer
a manifest of judicial mendacity to receive triumph as impunity and success.
Identifier: | JB/055/212/001"JB/" can not be assigned to a declared number type with value 55. |
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1825-04-24 |
22-24 |
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055 |
Procedure Code |
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212 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
E7 |
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17933 |
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