JB/042/341/001

Click Here To Edit

1823. August 1827 Nov. 15 Constitutional Code Ch.XII. Judiciary collectivity
S. 16 Justice for the Helpless

Art. 38. Quere if not superceded the article? 15 Nov 1827 In the ordinary undiscriminating Instructionalmode, the tax
upon Law proceedings acts by all its effects in opposition to Law taxes opposed to justice
the ends of justice.

Law taxes opposed to justice
1. It renders impossible, to all who cannot afford to pay 1. Those who cannot pay
them cannot obtain compensation
for injuries.
the tax, the obtainment of compensation, for part injury and
security against future, by well grounded pursuits. suits

Art. 39.2. It renders it impossible for unattainable, to Instructional: all who cannot afford to
pay the tax, the means of defence against against ungrounded 2. Are to obtain means of
defence against suitsand
pursuits suits. It thereby [+]delivers over the defendant indicted [+] keeps open a perpetual shop, in which every human being a sold to be plundered without stint and oppressed by every other wherein rapacity or malevolence disposes him while opulence enables him, to pay the price set upon their assistance by the necessary instruments and accomplices:- money paid to King and Co in the shape of fees.
to the power of every man, who for its purpose of purchasing
the power and services of the Judge, to the purpose of
committing depradation and oppression, in an infinite variety
of shapes, on the object of his rapacity or malevelence,
see it his interest, or feels the desire, his content
to pay the amount of the tax: which tax may even be reimbursed
to him, the purchaser, if the offered victim if the defendant though not possessing
property sufficient to enable him to defray money enough for the expence of
juridical defence, has still more or less of property in other shapes lying
within the reach of the Judicatory, by which under the
falsely and absurdly assumed practice of contempt or obstinancy,
the costs fees are exacted exorted. and renders them liable to be plundered &c by those wicked & rich enough to pay tax to King & Co - & fees to Judge & Co.

Instructional

Art 40 3. When many suffices on bills sides it Judicational It gives encouragement, and neement & existence on the one handto un-
-grounded and unjust pursuits and suits, on the other hand to ungrounded & unjust de-
-fences. It puts into the hands of the would be depradator
— every would be depradator who is at the same time able and
content to pay the prince of it a sure means of exercising
at the expence of an inanimate individual sure and unpu-
-nishable depradation.

Where money sufficient on both sides, it gives encouragement to unjust suits & defences.

Identifier: | JB/042/341/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1823-08	Marginal Summary Numbering	38-40
Box	042	Main Headings	constitutional code
Folio number	341	Info in main headings field	constitutional code
Image	001	Titles	instructional
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d6 / e16
Penner	richard doane	Watermarks
Marginals	jeremy bentham; richard doane	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	13264
Box Contents