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16
IV
Ch. XI Costs.
(2) (1) §. Procedure First Laws
§.3. Costs
Middlemen
45
II. Substitute mercenary
Infinite now the augmentation.
Engaged by sympathy
to evidence the vexation
is the substitute..
interest none but accordant
with principals.
II Now suppose the substitute a mercenary assistant
Infinite is the augmentation which the evil receives in
this case.
Engaged by sympathy, the gratuitous substitute has
acts under no interest different from that of the principal, for whom
he is content to subject himself to the mass of
vexation inseparable from such business.
46
Opposite the mercenary
1. as to collateral ends
of justice; giving in
proportion to delay, vexation
and expence.
2. as to direct do the tendency of misdecision
being to produce appeal
or another suit
Opposite in every point to that of his Chino only principal
for so such in this case is the name given to the principal
opposite in every point is the interest of the mercenary
assistant.
Opposite in respect of the collateral ends of justice
for out of and proportioned to the delay vexation and
expence to which have place the act gives birth, are his
profits.
Opposite even in respect of the main end of justice
rectitude of decision — with execution and effect accordant avoidance of misdecision. For
out of misdecision in the suit in question may arise appeal,
if in that or a new and independent suit.
47
True, obvious the
check by regard
to reputation, wherein
quantity of business
may be supposed dependant
But the closer the
view the better it would
be seen the inadequacy
of that check: the
chance when the
after the form of the
sinister interest
Obvious is indeed it is both the check opposed to this sinister interests
by regard to character reputation, upon which another
obvious supposition is — that quantity of business will
depend. But the more closely the nature of the case is
looked into, the more feeble and inadequate will this
check be seen to be: held of this inadequacy the view
will be the clearer when the force of the sinister interests
have in the first place been displayed.
Identifier: | JB/052/568/001 "JB/" can not be assigned to a declared number type with value 52.
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jeremy bentham |
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jonathan blenman |
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