JB/052/561/001

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1827. Jany March 10
Procedure Logic.

2
1
Ch. Costs
(2 §. 1.

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

Expositive
Art. 3 By the burthen is here meant the
painful sensation not the loss pecuniary amount of it by which that sensation was
produced. For in so far as the location of the burthen has
for its object effect and tendency the prevention of future
sinister wrongs it is by in/to the sensation and not in by the
quantum of the matter of wealth that the effect produced will
be proportioned.

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.

Art. 4. When as between a party on one side
and a party on the other side pecuniary circumstances are to a
considerable degree unequal, it follows that to render the
pressure of the security burthen equal it is necessary that the pecuniary
burthen should be assessed in larger proportion on the
richer than on the less rich: that proportion being inversely directly
in the ratio of the pr question of the matter of wealth
possessed by them respectively.

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

Art. 5. Here then is a case in which on
an account different from that of blame the pecuniary
burthen of costs may be and ought to be assessed upon a
party namely the superior magnitude and
relative of the net quantity of the matter of wealth poss
in his possession or at his command.

In this mode scheme of assessment, there is nothing
anomalous with relation to the rest other part of the system of
government. The object, the declared object at least as
to evil parts in general of the public expenditure is
to maximise the equality to minimize the magnitude
of the pressure produced by the correspondent laws, the
reason can be assigned why the repartition of the sensible
burthen should in this case be determined by prescription different
from those by
which it is determined in these other cases.

Identifier: | JB/052/561/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1827-03-10	Marginal Summary Numbering	3-5
Box	052	Main Headings	procedure code
Folio number	561	Info in main headings field	procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1826
Notes public		ID Number	17234
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