JB/052/044/001

Click Here To Edit

1824 Feb. 4
Constitutional Procedure Code

+ [C] 1
8 Feby 1824.

2o
P II
Ch.IX Judicial Costs
1 §. Procedure First Lines
§. 3 Costs

Judiciary Collective
§. Procedure First Lines

1.
1. Costs of suit, expences
by litigation on pursuer's,
on defendant's
side: pecuniary, quasi non
pecuniary: by time
and labour is money
& money's worth obtained.

2
2. To all damage by
injury in pays, addition
is made by
costs of pursuit; hence;
ground for addition
to compensation.

3.
3. So, demand groundless,
for the sufferance
endured by Defendant:
ground here no less
good than there

4.
4. To minimise this
sufferance is among
Legislator's unquestionable
duties.

Equivalent to the defalcation
of any portion,
is the employing it
with effect in defalcating
so much sufferance
from other
sources.

5.
5. Hence, three objects,
of endeavour.
1. To minimize the
burthen 2. Do the sufferance
produced by it
3. To render it productive
of an equivalent benefit,
not otherwise producible.
From ye the burthen
this benefit to be deducted.

---page break---

Ch XI. Judiciary Collective
§. Procedure First Lines

6.
6. Mixt thus with
the consideration of
costs is that of compensation.

7.
7. But from compensation
the benefit can
not be given without
production of correspondent
burthen: &
fear of burthen has the
effect of fear of equivalent
punishment:
as to other effects, so
to that of prevention:
hence, mixt with the
consideration of costs,
is that of punishment.

8.
8. In Mode 1, sources
of expence are cut off;
or thence, expence from
each minimized.

9.
9. In Mode 2, the
burthen is transferred
from individuals
to public:

This being exposed
to abuse, mode means of obviating
it the abuse will be
considered provided.

10.
10. In Mode 3, burthen
is so applied
as to produce, in addition
to compensation,
the benefit of
punishment
Thereby

---page break---

Ch XI Judiciary collective
§. Procedure First Lines

10 contind
Thereby superseding
the need of that
quantity from sources,
from which no
benefit would be
produced with it.

11.
11. Follows, list of the
branches of this expence:
if not compleat,
sufficient
for these purposes.

12
12. Defalcation of
any head is impossible:
remains possible,
minimizing
expence under
each.

13.
13. Distinct in As to reduction
themselves as transference
of reduction transference of
as the burthen, &
reduction of sufferance;
they are distinct in themselves: but by the
same arrangement
they are will be seen to be producible

Identifier: | JB/052/044/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1824-02-04	Marginal Summary Numbering	1-13
Box	052	Main Headings	constitutional code; procedure code
Folio number	044	Info in main headings field	procedure code
Image	001	Titles	judiciary collectively / procedure first lines
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1 / f157
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	16717
Box Contents