JB/054/162/001

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

That which they are here employed to designate is –
not the general character of the individual, but only the
state of his mind in relation to the particular transaction
in question – the suit in which he is engaged. According
to this explanation, the honest suitor, on this occasion in respect
of the suit in question, the honest suitor sincere suitor whatsoever be his frame of mind in this respect believes himself
to be in the right: in the right with reference to in a moral sense as well
as a legal one: the dishonest insincere suitor, understands that
he is in the wrong, but in contemplation of some
facility which he has or thinks he has for gaining
some point which he wishes to gain by means of or in relation to the
suit, acts notwithstanding his part in it, in whichever
side it be – the plaintiff's or the defendant's.

Now then as between these two descriptions of persons
and the plan upon which the burthen of costs is proposed
to be distributed between in relation to them.

Under the here proposed system what in relation to costs is endeavoured
at is – 1. to exempt the honest from this the sincere suitor, if possible, altogether
from the factitious part at any rate, and in so
far as may be even the natural. 2. In the second place
to cast upon the dishonest insincere suitor, wherever the
suit exhibits an individual of this character, the
whole of the burthen, or as so much of it as the state of his
pecuniary circumstances admitts will admitt of his enduring. In the third and
last place to provide a fund, in which out of to the greatest
practicable extent, the suitor ho besides being honest as above
sincere is moreover in the right shall receive compensation
for the service by rendered by him to the community at large which, by administering to the general
security afforded by the judicial system against evil in all
those its shapes in which it is liable to be produced by the punishable responsible class of interested evil-doers.

Identifier: | JB/054/162/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-01-11	Marginal Summary Numbering	4-6
Box	054	Main Headings	procedure code
Folio number	162	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1823
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17681
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