JB/055/287/001

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1824. Feby. 3
Constitutional Procedure CodeCh. Costs

2. To the expence of journey to the judicatory and demurrage
subsistence while waiting for a hearing, the same observations apply
with little less than equal aptitude. In both cases, the evil
of and from non-access to the Judge is, in so far as it has place an irremediable
one. The smaller the judicial Sub-Districts thence the
more numerous, the greater the degree in which this evil is reduced.

When the nature of the demand made by the applicant with the grounds of it has once
reached the ears of the Judge, if it be so far approved of
as to have induced him to constitute the applicant place in the situation of pursuer, or
the party on whose behalf he applies, the response of
with another person in the situation of defendant, the expence
of a copy of the minute this final part of the record of proceedings together with that
of the conveyance of it in company with an order of accersition
to the Defendant, or an order for the prehension of
given to the prehending functionary is already provided
for as above.

The case interest of the pursuer but thus far provided
for, now comes the provision to be made for the interest of
the defendant.

In case of prehension, he is of necessity provided
for, as under the generally established practice, at the expence
of the public.

In case of accersition several options present themselves. 1. In the Regard had to His circumstances, in so far as learnt from
the applicant considered, is he able to endure the expence
of journey to the judicatory and demurrage till he in the
presence of the party on the other side he has been heard by
the Judge?

2. If not able ought the pursuer to be obliged to advance the
necessary expence?

3. If he is unable, or the evil of obliging him to
make the advance would exceed the evil of the denial of
justice for the want of it, is it a case in which without preponderant
evil in the shape of
danger or abuse, the
advance may at the expence of the public may be made? By In each individual case, by the circumstances of the individual that case must the conduct of the Judge
be determined.

Identifier: | JB/055/287/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-02-03	Marginal Summary Numbering	23-27
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	287	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D7 / E7
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	18008
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