JB/052/052/001

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1824 Feb. 4
Constitutional Code

9 IV 165 19
+ Seen 9 Feby Ch. XI. Judiciary Collectively
(9 Ch. Costs Procedure First Lines
§.3. Costs

Ch. XI. Judiciary Collectively
§. Procedure First Lines

41 or 28 78.
III. Thus as to first
stage: So as to succeeding
ones.

42 or 29. 79
IV. Above, as to advance:
now as to
reimbursement
viz by him in the
wrong, to him in the
right.
2. Pecuniary ability
equal, Here difficulty
small. In case
of moral blame, or
in Public opinion
suspicion of do, by
throwing the burthen
on him in the wrong,
the good of punishment
in the way
of preventive example,
will be produced,
without addition
to the expence
in the shape of suffering.

By letting it lie on
him who is in the
right, the sense of general
security would
be diminished.
Conclusion. Leave
the apportionment
to the discretion of the
Judge: he giving his
reasons.

43 or 30. 80.
4 II Pecuniary ability
greatest in him on
the losing side.
Here, less difficulty
as to transferring the
burthen to him.

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Ch. XI. Judiciary Collectively
§. Procedure First Lines

44 or 31. 81.
III Pecuniary ability
least in him on the
losing side.

Rule: In case of blame
or suspicion of blame,
on the scorer of insincerity
or rashness, take
from loser as much
as you would for punishment,
but no more.
If no suspicion of
blame, give nothing.

45 or 32. 82.
Effects of money given
in reimbursement
of costs.
1.1. Punishment 1 Punitional: pain
to the payer.
2. Compensational:
pleasure to the receiver.

46 or 33. 83.
For punishment nothing
should be thus
taken, but on persuasion,
or at least suspicion,
of blame, by
insincerity or at least
temerity

47 or 34. 84.
For compensation, nothing
but on supposition,
that the pleasure
of the receiver
will be greater than
the pain of the payer.

48 or 35. 85.
Judge's mode of estimating
comparative
pecuniary ability
for this purpose.
From what is manifest
in the discernible
condition

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Ch. XI. Judiciary Collectively
§. Procedure First Lines

85 48 or 35 contind
condition of the parties,
determine whether
reimbursement
shall be made by
the loser, and if yes,
how much.

Make no change, but
on petition of loser
disclosing his own
circumstances.

49 or 36. 86.
Note, that by the loss
of the suit, the loser
is already in a state
of affliction: thence,
less able to bear the
burthen of reimbursement
of costs
than the winner.

50 or 37. 87.
In England there are
men whose incomes
are, each of them, several
thousand times
greater than that of
the lowest paid labourer.

Think of one of
these, receiving or calling for
Costs at the expence
of a labourer!

Identifier: | JB/052/052/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1824-02-04	Marginal Summary Numbering	78-87
Box	052	Main Headings	constitutional code; procedure code
Folio number	052	Info in main headings field	constitutional code
Image	001	Titles	judiciary collectively / procedure first lines
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9 / e9 / f165
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	16725
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