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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

Box Contents

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