JB/031/110/001

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1828 Sept. 6
Blackstone

Beginning
(1)

II. Right — only exercisable
thro' Judge. Per Blackstone
no right without remedy —
per —1 in 100 only.

II. Rights not exercisable but through the medium
of the appropriate services of the Judge.

Here causes ar Exemplified this early, here come in
the indispensably employed head, announced as per §.1 Law as it
is pretended to be "No right without a remedy": such are in
the words of Blackstone, and with his conf certificate of
the truth of it. N So says Blackstone. what says Truth?
Proportion of the Cases acknowledged has <add>can have an effectual remedy
to those in which it has can<>/add> not, as we <add>say to him, say to 20
say to 50, say to 100? one knows not where to stop.

Obstructions to remedy, these.

I. In the first place the expence attached to the operation
of application for the services of the Judge. I. the universally applying Mass of needles expence attached to all suits: thence demand
of all remedy to all who
are unable to afford the
expence.

According
to circumstances, some natural some partly artificial, these this
expence varies in each respective suit/in one and the word individually considered from a few shilling to many thousands: so many
that to the number of them there is no end but that which
applies itself to pecuniary means of the parties.

This owing to mass of useless
expence in suits: almost
all might be struck or thrown
on wrong doer or public.
On public because public
it enjoys security without
expence &c that successful
party enjoys only with expence
See Protect agt Law
Taxes.

Of all the ,del><gap/.</del. mass of expence in all the
varieties it is susceptible of, this scarcely is there one individual in any suit
a sixpence — scarce a penny that might not be either
struck off as needles and useless, or be thrown on the wrongdoer,
or be borne in the first instance by the public:
and except when where in so far as it is necessary for the
prevention of the like maleficence in future, by the public the expence
it requires to be imposed <add>cast upon the wrong doer, in the
public at large it ought to be case — by the public it ought to be
in the first instance borne and every part of it as early a period in the suit as possible

Why by on the public [in the first instance] and not on
the party in the right — whether on the plaintiff pursuer as on the
defendant's side? answer. 1. Because by every suit instituted
and carried through the public at large without any expense either
in money, time or trouble labour, derives and enjoys that security which
which the successful
party — the party in the
right, even in case of
success, and in case of
his receiving
as to money, does not enjoy without the expense in time, and the vexation which be the unhappy condition of a <gap/. is inseparable attached (1) by
the inexorable law of Nature. (a) Note> Such is the doctrine practiced by MrBentham in his protest against Law Taxes, in the late attached to his Defence. [+]
[+] of Usury. Ao 18.. by
Lord Goderich when Chancellor
of the Exchequer, the smaller
(2)
the far smallest part of the
burthen that which of intent
under the name of Stamp
the producer goes to the
was in unendurable proportion
(3)
abolished: but by far the
largest part — that which
(4)
under the name of fees, goes
into the pockets of Judges, directly
or in the shape of personage
indirectly, but still, not the less effectively, how
encreased, or
encreasing,
and how
so ever it
might to be
is not yet
in a way
sole, diminished.

Identifier: | JB/031/110/001"JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09-06	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	110	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	richard doane	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9796
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