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21 May 1805 2

Procedure Costs
Ch. Costs
§§.1. a quest. For
2. Right to


B. Of Costs of Suit
Ch. Of Costs of or Expenses of Suit.

In regard to Costs the legislator has two leading objects:
1. to return to its minimum the quantum of the burthen:
2. to set it down on in the right place

Wherever it falls it constitutes so much vexation: the
reduction of it to its minimum is therefore accordingly required
by the regard for the corresponding end branch of the ends of justice.

But this vexation, like any other, is applicable to the
purpose of punishment: that is to the prevention of future evils
of the like kind with the offence if there be any, from the same
and the like source. If we

If without any encrease in the quantum of suffering, or
without any such merits as shall render it preponderant over the
advantages it can be rendered subservient to this end applicable to this additional purpose so much
the better: in a collateral way, and as it were by a side
wind, the right answer placing of this collateral incidental evil may then
be rendered subservient to the direct end of Justice the judicature system of procedure

The burthen of evils, wheresoever it fall, and whatever be the amount
and weight of it, can not never be considered with propriety in
any other light that that of a pure mischief. For suppose it, in
this or that case applicable, and applied accordingly to advantage in
the character of punishment: supposing no costs incurred punishment to the same amount
might have been applied on another a different score, and the procedure applied
in such manner as to be productive of some positive good.

In regard to costs of procedure — the first object therefore for the attention
of the legislator, is on all occasions to reduce the amount of this burthen to
its minimum; and in the first place to forbear at least to make sure or suffer more
unnecessary additions to it.

Identifier: | JB/057/092/001
"JB/" can not be assigned to a declared number type with value 57.



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evidence; procedure code

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b / of costs of suit / ch. / of costs or expenses of suit


text sheet

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d1 / e1


jeremy bentham




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