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4
Ch.Costs
4 §.1.
Parties with relation to an
1. adverse. 2. influential = alleys
7
Art Litigational costs
are 1. antecontestational
2. contestational
Art. Costs may Considered with a way
to eventual reimbursement at the charge of an adverse party
costs — say Litigational costs require to be distinguished into
1. antecontestational or say precontestational, and
2. contestational
8
Art By antecontestational
understand such
as have been incurred
before the parties have
been constituted pursuers
and defendants
Art. By antecontestational expenditure understand such as have been
incurred by a party, whether in the pursuers side, or
on the Defendant's side: on the pursuers side before he
has been constituted such or the Defendant's side before
he has been constituted such.
9
Art Obligation to
bear costs not to be imposed
without previous
allowance of expences of
Judge's litigational-disbursement-
authorization mandate.
Enactive
Art. Exceptions excepted for reimbursement for contestational
costs indemnificational obligation will
not be imposed in any case without antecedent allowance
and authorization of the expenditure by a mandate of the
Judge. To mandate of to this effect give the denomination
of a Litigational disbursement authorization
mandate
10
Art In issuing the
litigational disbursement
authorization mandate the
Judge will confront
1. the quantity of suffering
likely to ensue to the party
of 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 disbursement burthen being thus
transferred to his shoulders
Instrumental
Art. As a ground for the issuing of a Litigational
disbursement authorizing mandate the Judge confront with in
matters the two quantities to evil
1. The quantity of suffering in the shape of loss pecuniary o
loss and other shape likely to ensue to the party in question for want of the disbursement
on the supposition of its not receiving authorization and then
resting on the sufficiency shoulders of the parties disbursing party
2. The quantity of suffering likely to be produced in the
breast of the party of the opposite side in the event of the obligation burthen
being transferred removed upon huis shoulders from those of the party or parties
on the other side.
Identifier: | JB/052/563/001 "JB/" can not be assigned to a declared number type with value 52.
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1827-03-10 |
7-10 |
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052 |
procedure code |
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563 |
procedure |
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001 |
expositive / enactive / instructional |
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text sheet |
1 |
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recto |
d4 / e4 |
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jeremy bentham |
j whatman turkey mill 1826 |
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jonathan blenman |
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1826 |
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17236 |
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