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1825. March 12
Procedure Code
Ch. Costs
§.
Art. Whenever by a party on either side of the
suit, expence, through sinister danger, or rashly, expence
or vexation, deemed unnecessary has been occasioned to
any other party, on the opposite or on the same side of
the suit, the Judge, without regard whether the party so
offending be in other respects in the wrong, or in the
right in regard to the suit will either immediately levy on the
party so offending cause to be rendered, and cause to be by the party
so offended, adequate compensational or otherwise satisfaction for the offence, or
take and each due diligence purpose appropriate measure for that purpose.
Art. If Lest in expectation of an ultimate decision a
his favour a party on either side should give unnecessary
encrease to costs on his own side, in the view of eventually
casting off seeing the burthen cast off upon the shoulders of the a
party on the opposite side, the Judge in the taxation of
costs will bear in mind the distinction between actual
costs and necessary costs, and act accordingly, altering
of the actual no more than in his judgment
it was would in a just view of the case have been deemed
necessary.
For the regard due on this occasion to the pecuniary circumstances
absolute and comparative of the parties see Ch. or §
Party's Parties Pecuniary circumstances – regard due.
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jonathan blenman |
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