JB/052/122/001

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GB. 1827. March 10.
Procedure

P II 207
Ch IX Costs.

1.
Art.1. Antecedently to
decision, Government
to take the burthen of
costs.

2.
Art 2. The amount being
minimized, the
burthen to rest on
each party, in proportion
as he is in
the wrong.

3.
Art 3. By the burthen
is here meant the
painful sensation,
not the mere pecuniary
loss by which that
sensation is produced.

4.
Art 4. To render the
burthen equal, the
pecuniary burthen
should rest in a larger
proportion on the
richer than on the
less rich party.

5.
Art 5. Here then is
a case where, on
an account different
from that of
blame, the pecuniary
burthen is borne
in a larger proportion
by one party, than
by the other.

6.
Art 6. Efficient causes
of obligation to bear
costs.
1. Criminality by evil
consciousness
2. Culpability by rashness
or heedlessness.
3. Superiority in the
scale of opulence.

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7.
Art 7. Litigational costs
are
1. Antecontestational
2. Contestational

8.
Art 8. By antecontestatioonal
understand
such as have been
incurred before the
parties have been constituted
pursuers
and defendants.

9.
Art 9. Obligation to
bear costs not to be
imposed without
previous allowance
of expenses of Judge's
litigational- disbursement-authorization
Mandate.

10.
Art 10. In issuing the
litigational disbursement,
authorizative
Mandate the Judge
will confront.
1. the quantity of suffering
likely to ensue
to the party in question,
for want of disbursement
from
non authorization.
2. The quantity of
suffering likely to ensue
to the party on
the opposite side
from the burthen
being thus transferred
to his shoulders.

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11.
Art 11. Obligation
to pay costs not to
be imposed, without
Judges disbursement
preauthorisation.

12.
Art 12. Reasons
For if it were power
of taxing one party,
would be given to
the other.

13.
Art 13. In proportion
to the party's opulence
will be the
danger of his falling
into transgression
in this shape.

Identifier: | JB/052/122/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1826-03-10	Marginal Summary Numbering	1-13
Box	052	Main Headings	procedure code
Folio number	122	Info in main headings field	procedure
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f207
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16795
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