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1824. Jany 11
Constitutional Procedure Code
Ch. General View
§. Costs.
those in whose instance either means of commencement
and with continuance draw a conclusion, or resolution as to
give employ that employment to their means are , he
sees as defiance. On condition of making an advance to in proportionable
amount of the law of procedure has given to every man
the means of spinning out a suit to a length to
which there are scarcely any determinate bounds limits:
and propor in portion exact proportion to the length
that is to the delay runs the expence. To this system
of protraction there is this encouragement. True it
is that all this while though the intended victim the injured plaintiff is in
a state of suffering, he the defendant the oppressor is
in a correspondent state of suffering. But of this last
mentioned suffering, if his calculation has been correct,
is in a large proportion but temporary: for suppose no sooner is the plaintiff
exhausted, then he fails in his claim then his
chance of obtaining what is his just right is at an
end: and thereupon according to the presumption of law
deals only your poverty brought on by
of the is conclusive proof of dishonesty insincerity: poverty which
has laid their rapacity, in conjunction with the insincerity and dishonesty
of their employer for its efficient cause.
Thus it is The word litigation has two senses.
1. the original neutral one in which it meant the being
party to a one suit, but without any mark of reprobation
attached to the condition so designated: 2. an
dyslogistic sense, in which from the mere circumstance
of a man being in that state of sufferance,
misconduct on his part is inferred.
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