★ Find a new page to transcribe in our list of Untranscribed Manuscripts
1825. March 30 Nov 3 + Constitutional Procedure Code. Copied and Copy corrected
Ch. XII. Judiciary collectively §.17. Justice for the Helpless
8
2 insomuch that, were it the separation possible, equal Justice would require, that were it possible, every litigant to whose proceedings on the occasion of the such no would be impeded should he exonerated from his portion of the expence of such remuneration of delivery as before the Judicature and the whole burthen of it be left to bear cast upon those by whom Example of the Case in which the disadvantageousness is at its their share in the aggregate benefit of this same security is advantageousness of the enjoyed, without any such conflict being subjected to any such afflictive alloy.[+] [+] To throw upon litigants the whole burthen or any superior share of the burthen of the judicial establishment is no more able to justice and the greatest happiness principle, than would be the throwing, on the occasion of any event, the whole burthen of the military establishment and military defence upon a thin line of frontier, or the imposing a tax on sickness in each shape — so much for every fit of the rheumatism, so much for every stone extracted or to be extracted, in addition to the tax on medicines. See Protest against Law Taxes. of
This considered, whatsoever portion of the Government receipts is allotted to the employed in defraying the expence of this remuneration of the bestowing together with that of the stock employed in the same service be distinguished denominated by the denomination appellation of the Ordinary Justice funds which the portion of these same receipts employed in facilitating the access to justice on the part of the otherwise helpless, may be distinguished from it by the appellation of the extraordinary Justice fund.
(1) The expence of remuneration for the services of judicial functionaries constitutes, (it may here be said) a portion of the aggregate expence of every suit's and for this item (it may be observed) no provision is made by included in the place of the abovementioned fund considered in either of its branches. Only, however, in outside appearance does this portion of the expence belong to any one suit any more than to another: only in outside appearance does are the benefits derived from it enjoyed by one description of litigants more than by another, or by litigants in the aggregate more than by non litigants. In fact, in the aggregate of the most benefit derived from the services of this class of functionaries, the class of non-litigants enjoy by much the greatest share: since whatsoever security they enjoy for their respective possessions, is enjoyed by them of altogether free from those drawbacks, which apply have place in the case of litigants: insomuch
|
Identifier: | JB/042/357/001"JB/" can not be assigned to a declared number type with value 42. |
|||
|---|---|---|---|
|
1825-11-03 |
|||
|
042 |
constitutional code |
||
|
357 |
constitutional code |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
e8 |
||
|
jeremy bentham |
j whatman turkey mill 1824 |
||
|
admiral pavel chichagov |
|||
|
1824 |
|||
|
[[notes_public::"copied and copy corrected" [note in jb's hand]]] |
13280 |
||
