JB/052/034/001

Click Here To Edit

1823. Decr. 8.
Constitutional Procedure Code

Ch. Costs
§.

88. 1.
Causes of the evil
of which litigation is
liable to be made the
instrument.
1. Expence in some cases
2. Absence of do. in others.

89. 2
Expence natural and
factitious – a distinction
necessary here

90. 3.
1. Natural Expence
From this no suit,
howsoever simple
can be altogether clear.

91. 4.
To him whose sole
source of subsistence
is time employed in
labour, whatever occupies
that time, operates,
in so far, as expence,
whether it be
money paid or time
by which the money
would have been earned,
makes no difference

92. 5.
Mimimum of expence
attached to litigation
the money a labourer
of the lowest paid
class would have
earned earned in the time.
The maximum is
boundless.

---page break---

Ch. Costs
§.

93. 6.
Factitious the expence
attached by power:
whether by Legislator
or Judge – having suitors
for his own benefit,
or what comes to the
same thing for that
of his subordinates.

94. 7.
Justification. Labourer
desires his hire.
As in other cases, so
in this, why should
not the labourer set
his own price on
his services: he best
knows the value of
them

95. 8.
Answer 1. In other
lines, to every labourer,
there are competitors,
by who the<lb/ price he can set is
limited. Not so here.
Here, then, should
the Legislator set the
limits.

96. 9.
2. The price should
be paid by public,
not by litigants.
Reasons.
1. From all suits taken
together, non litigants
derive more benefit
than litigants. Non litigants
have superior
security, & without any
expence unless expence is assessed on
them by Legislator.

---page break---

Ch. Costs
§.

97. 10.
2 Assess the expence
on litigants, you make
it the interest of the
Judges to maximize
it: you assess it on
judicial operations
and instruments;
and the more of
these, the greater their
profit and the litigant's
expence.

98. 11.
II. Motives. legislative
restraint, none, means
present, motives can
never be wanting adequate
to the production
of the above boundless
evil.

99. 12.
1. Even love of Mars.
To the too many to
whom other's pain is
a source of pleasure,
means sufficient wd.
be a portion of time
thus employable, without
prejudice to subsistence.
Allusion to the rich
Roman , who,
beating men, gave them
the fixt compensation
money

100. 13.
In this way, boundless
is the suffering inflictible
with very small
expence of time. Example
Witnesses & parties
fetched from remote
places in defence against
a groundless or accusing

Identifier: | JB/052/034/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-12-08	Marginal Summary Numbering	88 or 1 - 100 or 13
Box	052	Main Headings	procedure code
Folio number	034	Info in main headings field	procedure code
Image	001	Titles	costs
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d8 / e9 / f166
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	jonathan blenman
Corrections	jeremy bentham	Paper Produced in Year	1822
Notes public		ID Number	16707
Box Contents