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3 July 1804
Procedure & Evidence
Ends
Ch.│ │ Vexation
'.2. Persons
2. Occasional[?] Compensation for unjust punishment. 3. Expence of the Judicial Establishment
7. The public in its collective capacity.
Expence out of the question (of which presently) cases in which vexation in any shape is liable to be inflicted upon the community of the state in its collective capacity are neither manifest nor abundant nor altogether obvious. They are not however altogether without /Nor yet without/ example. States i.e. Makers of states as such/ have their secrets - and for a time (as in case of war or danger of war) their innocent /laudable/ and honest secrets. By divulgation the mischief that in the case of an individual might be produced upon that narrow scale as in the case of a state-secret liable to be produced upon the largest scale. But in the case as in a former one, the remedy is so obvious and so sure to be applied, that unless brought to light by an express scrutiny the evil is apt to be invisible.
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Title: [11 May 1805 Procedure & Evidence]Description: 11 May 1805 Procedure & Evidence Introd Ch 5 Collateral Incidental '.6. Expence '.2 The Expence, were it [...?], could not rest any where, so properly as upon the public. Under the head of vexation, in considering the classes of persons liable to be affected by it, the public at large, considered in its collective capacity, found its place in the list: and, under that head a case in which the vexation, if not prevented, might be productive of very serious evil, was exemplified. To the particular mode of vexation constituted by expence /here in question viz. expence/ the same party the public in its collective capacity is in a much more extensive degree, and indeed continually and on every occasion, subjected. but on this occasion, wide indeed is the difference between vexation in other shapes, and vexation in the shape of expence. In other shapes vexation can not any where fall so heavy, as when it falls upon the public: in the shape of expence it can not any where fall so light. Next, in point of relief, to the annihilating it altogether, is the throwing it upon this broadest and most apposite of all funds.+ In almost every /So far as concerns the/ European state, the expences of procedure, so far as concerns the remuneration afforded to the officers of justice judicial and ministerial - Judges and their subordinates - especially the expences attendant on the creation and maintenance of the seats[?] of judicature, are in a degree more or less considerable borne by the revenues of the state. Nor would it be otherwise than desirable that the expences falling upon the several other descriptions of persons concerned, as above enumerated - viz: parties except, to the extent of the demand for punishment in case of [...?] fide complaint or defence agents of parties and witnesses should be made ultimately to rest upon the same broad /extensive/ fund, were it not for the unlimited and [...?] increase to which the amount of the expence would be exposed [...?] which might be given to the expence, if so disposed of.++ + Introd. Dum ++ expence to the head[?] of [...?]
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Title: [3 July 1804 Procedure & Evidence]Description: 3 July 1804 Procedure & Evidence Ends Ch.│ │ Vexation '.2. Persons As to the classes of persons liable to be subjected to vexation by the operations of procedure, if accidents and contingencies are taken into account they are as various and as extensive as the shapes in which vexation itself is capable of displaying itself /making its appearance/. For the present purpose, they may be distinguished in the first place into 1. Persons /Individuals/ concerned in the suit in hand in different characters. 2. Third persons /individuals having no natural concern with the suit, but affected by it in one way or other by accident. 3. The public at large, in its collective capacity The persons concerned in the suit will be comprehended under one or other of the following descriptions - 1. Parties:- Plff and Defendant 2. Witnesses - viz. extraneous witnesses not being parties 3. Judges /the Judge/ 4. Subordinate Officers of justice judicial or purely ministerial 5. Agents: viz: Lawyers of different classes, the professional agents of the parties.
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Title: [3 July 1804 Procedure & Evidence]Description: 3 July 1804 Procedure & Evidence Ends Ch.│ │ Vexation '.2. Persons 2. As to witnesses the principal shapes in which this burthen is liable to fall upon them may be thus indicated /enumerated/ 1. Trouble and loss of time by attendance at the seat of judicature 2. Trouble and loss of time (exclusive of actual expence) by journies to and from the seat of judicature 3. Vexation by forced disclosure of secrets: i.e. facts, the disclosure of which may in any way /rspect/ be prejudicial to him: may be productive to him of any sort of suffering which if produced against law instead of /and not/ being produced by force of law would consitute in some shape or other, the matter of some offence /delinquency/. No offence against his person (or by exposing him to personal injuries through revenge Note? -) against his property (as by the disclosure of secrets of trade Note? -) against his reputation, (as by the disclosure of venereal[?] irregularities Note? -) or against his condition in life, (as by the disclosure of illegitimate parentage or concealed sex. Note?) In all cases such as the foregoing, an option will be /may come/ to be made between evil and evil - under the head of evidence +: a question may present itself for solution - whether to insist upon the disclosure, or to dispence with its being made:- to insist upon it, in consideration for the sake of the justice due to suitors /men[?] in the character/ - or to excuse it, in consideration for the sake of the attention /[...?]/ due to them in the character of human creatures endowed with sensibility. / + In B.V.B.1 Exclusion proper./
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