JB/091/132/001

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26 Decy 1806
Scotch Reform To Ld Grenville

Thus then stands the case of costs considered
in the character of a remedy against groundless Appeals.
Costs properly so called, costs in the Westminster Hall
sense of the word, never can unless by accident operate in that character,
never were intended so to operate. Costs in the improperly
so called, costs in the House of Lords sense, were intended
to operate in that character, do operate in that
character to a certain degree, but that a very precarious
and incomplete inadequate and precarious degree. Against delay procrastination
on the principle of economy, on the ground of commercial calculation,
it is incapable unable, for want of the necessary regard to
proportions to afford any steady and generally adequate
remedy: against delay procrastination, through despair, in contemplation
of insolvency, it is altogether powerl impotent powerless.

A Every sham which is an encouragement Sham-checks are encouragements. Every check
in the form of a penalty is a sham check, where the penal sum loss by penalty being fixed or
limited, the profit from by transgression is liable capable of going to extend beyond outstretch it
the mark.

In the English Equity procedure checks of this sort are
not wanting: in Scotch procedure these are abundant.
Need it be said that where malâ fide suits, demands or
defences are in question, these are the only sort of checks
which fee-fed Judges can with any colour of reason on any principle of common sense be
expected either to originate or to approve? which on any
principle of common sense can be expected to be found
endurable by fee-fed Judges.

Identifier: | JB/091/132/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1806-12-26	Marginal Summary Numbering	10-12
Box	091	Main Headings	scotch reform
Folio number	132	Info in main headings field	scotch reform to ld grenville
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	29128
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