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1 Costs — Stamps — pr Centage, on Value 1
Pauper.
A person to be admitted to sue in
forma pauperis, is forced to swear
to his not having a sum, much
less commonly than that, after all
the indulgences given him, in that
which is necessary to carry on his
cause.
The policy should be to throw the whole Load of the expence upon the Party in the wrong miscarrying
equally discouraging by that means the the spirit of vexation in Ptffs, and that of obstinacy & Chicanery in Defendants.
2
On the present policy of the Assessment that Load is in the first instance equally distributed
on both Parties: and an expence of a magnitude to swallow up many a small
demand beco is a matter of absolute certainty, while success, (owing to the number of forms
obstacles against which the merits of a cause are liable to stumble) even tho' the matter of
right to be clear as well as the evidence compleat and unimpeachable, is at best but problematical.[+]
[+] even to person initiated, & still more
so to men at large, to whom the timing
of their danger are augmented by their
ignorance of it's nature.
3.
The Remedy for this seems to be, (if by all means for the sake of the Revenue Law
proceeding, are to be encumber'd) to take off the Stamp - duty upon the pieces, papers and
a pr Centage, of the Value of the thing sued for which as an Increment to be added at the end of the Suit to the Costs
of the Def: party miscarrying greater in proportion in small Sums, and decreasing as the value litigated
augments.—
4
By this means the Burthen on the party miscarrying will bear the like kind of proportion
to the Value in litigation as it does at present: and it is necessary it should do so
for if the pr Centage were to be the same let that Value be ever so great, either that
pr Centage must be be small as to be no object, or when that Value was great, Def
miscarrying would be ruined, without having before they could have wherewithal, to satisfy the imposition
5.
In such cases where on the present footing the Court thinks it expedient not to give
costs on either side, the pr Centage would be to be divided.
6.
The opinion that this operation would spread among the people, would be, that if when they were are
in the wrong they must smart severely: whereas the opinion that now obtains is, that is
must smart severely whether in the right or wrong.
7.
More even might even be imposed in this way, than to answer what is raised in the present
without being so severely felt: for a man who engages in a suit, persuaded that he is in the
right, looks upon that burthen which is to light on him only in the event of his being
found in the wrong being withal a distant one as nothing.
8.
Business of the practitioners would be encreased without that encrease of unhappiness which is
the necessary concomitant of business increased in any other way: for here those the extra persons involved in
Procedure Civil.
Costs — Stamps ad valorem
Procedure Civil.. Costs . Per Centage ad Valorem
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Identifier: | JB/050/166/002 "JB/" can not be assigned to a declared number type with value 50.
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050 |
procedure code |
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166 |
procedure civil costs - stamps ad valorem |
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002 |
costs - stamps - p. centage, on value / pauper |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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