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1825. March 25
Procedure Code
Ch. Costs
§. Pecuniary circumstances
A rough estimate is better than none
An inadequate utterance is better than none
Art. As in case of original delinquency, so in
case of delinquency by creation of judicial costs costs of suit pecuniary
circumstances on the one part being compared with pecuniary
circumstances on the other, let not the burthen
of compensation extend beyond the maximum of the
amount of the burthen which for the purpose of punishment
the nature of the case can require. No less
in cognizance worthy of regard the share to demand for regard of any Abstraction
made of which in case of delinquency, is needful for the purpose of punishment
and proposed magnitude of suffering equal no less regard-worthy is the suffering of any one human
being than the suffering of any other.
Illustration. Annual means of the wrongdoer
£20: damage by the wrong, £200: annual income of the
party wronged, £2,000: drains on both sides proportioned
to effects, pecuniary abstraction necessary and sufficient to
deter the wrongdoer from repetition, and others in like pecuniary circumstances from imitation,
£2. Let not the sum of money rewarded to abstracted from
the party wronged wrongdoer and applied delivered on the score of compensation
to the party wronged exceed the £2.
Art. To mark deterioration of others with
reduction on the score of inequality of pecuniary circumstances,
let the sum awarded adjudged be in the first place the
actual full amount of the damage sustained: then by
another operation, consideration had of the difference as to
pecuniary circumstances, substitute to the full, the reduced
amount of the sum to be abstracted and transferred.
Art. So to likewise in the case of costs of suit.
Identifier: | JB/054/182/001 "JB/" can not be assigned to a declared number type with value 54.
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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