JB/054/161/001

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1824. Jany. 11
Constitutional Code or Procedure Code
Ch. General View
§. Ends of Judicature Costs

☞ Call Scotch Reform and work from it.

Comparative is Natural System of Procedure, connected with the here
§. Costs of Suit proposed Judiciary System – its
relation to the the hitherto simplified system, political system
with the only system hitherto exemplified – the technical system.

Of The system of which this is connected belongs Cost forms a
a part may be truly stiled the natural system. It is no other than that
which by the light of nature an intelligent
father of a family pursues
in the preservation of
mutual comfort among
the several members of
it: and this with no other
addition than that of the
powers is the exercise of
which is where be the scale
is so much larger by the
largeness of he scale rendered
necessary to the
fulfilment of he same
ends. Of this natural
system the
part the principles can not be rightly understood
unless those which regard costs of suit are in this plan
brought to view. Nor yet can there be clearly comprehended,
unless they be confronted and contrasted with
those by which the state of the law and practice in regard to this subject
has commonly hitherto been generally determined: more particularly in those political
states in that political state in which the judiciary system has suppo been
regarded as approaching nearest to perfection.

Costs of suit are either natural or factitious
Costs and these to a very considerable amount are by the very nature
of things of the case attached to a contest of this nature.⊞ ⊞ ☞ Here state some particulars

In every system of judicial procedure as yet
known the costs actually paid by parties are distinguishable
into two portions – natural and factitious – and
natural costs which are factitious are added to those
which are natural and unavoidable.

Under In the present system Compared and brought
into view with this distinction in regard to costs must here be another
distinction regarding the opposite state of mind which in regard
to probity the minds of the parties to a suit are susceptible.
Considered in this point of view suitors will be found distinguishable
into two classes, nisi bona fide suitors and
the malá fide suitors. These appellations though
in law language so familiar not belonging to the
English language nor yet in their Latin original clearly
expressive, the words honest and dishonest sincere and insincere may with after the requisite
some explanation be employed instead of them. By honest
Not That

Identifier: | JB/054/161/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-01-11	Marginal Summary Numbering	1-3
Box	054	Main Headings	procedure code
Folio number	161	Info in main headings field	procedure code
Image	001	Titles	rationale
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	"consult scotch reform and work from it"	ID Number	17680
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