JB/058/334/001

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2 April 1805
Evidence

But costs of suit: especially if being paid by the party in
the wrong, they include those of the his injured adversary whom he has injured:
– costs of suit – the obligation of paying them – it does
not this burthen operate with the effect of punishment: and does is
not this burthen increase with augmented by any mendacious allegation
with which a mala fide suitor torments his adversary?

I answer – by no means. In the first place this
burthen – this punishment is not attached to the offence with
any uniformity and steadiness.

In the next place, if it were ever so uniformly, it
would not yet have the effect of depriving mendacity of the intended and necessary
licence. Of every such allegation, whatever in respect of costs
may be the alternate effect, the immediate effect is to give existence
rise to for the present, to the projected intended predetermined preconstructed portion of delay, vexation
and profitable expence: not forgetting that portion of the expence,
which in the shape of profit, gong rate the profit of the man
of law in all his varieties was the final cause of the establishment of the .
But tis was present for the purpose of iniquity and oppression
this present immediate effect is all that is wanted: could the burthen
of the suit be endured borne to the last stage, the burthen of
the expence might then be transferred or not transferred – but
if transferred, never more than in part, from the oppressed
to the oppressor: but before this can happen the intended
victim is mired involved in ruin, in which be
he plaintiff or defendant, – is included the loss of the cause.

Identifier: | JB/058/334/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-04-02	Marginal Summary Numbering	4-5
Box	058	Main Headings	evidence
Folio number	334	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	19003
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