JB/106/209/002

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10 April 1807

III. 1. Costs, an inadequate compensation
III. First improper or inadequate remedy – Costs
1. Natural inadequacy.

Of the remedies usual or imaginable against destiny
considered as inadequate to Appeals in general, to Appeals from
Courts of to the House of Lords –
thus article as to the one adequate remedy which Your Lordship's
learned adviser has been so neglectful, or so careful, as to
to capably I come now to speak of those inadequate corrections remedies or cases
compensation have been which he is so well corrected to apply, and first of costs their
issuing application of .

What the motive, the interests, that gives the advantages are, that give birth to
malâ fide appeals has been already stated: that those advantages
keep par with the delay: costs do not keep par with the delay:
therefore, unless here and there by accident, costs are incapable of
answering the purpose. The argument is not long; and seems
tolerably conclusive.

Costs are, to the purpose here in question, a fixt penalty:
to interest to profit in the way shape of interest, ordinary or extraordinary made by delay in the principal sum in dispute, they bear
no proportion. Frequently More or less frequently according to the magnitude
of the sum in question on the one hand, and the magnitude
of the expence, natural and factitious, on both sides, on the other hand – they will fall
short of the profit – the sure profit – on the of interest. the profit which a man may be sure of receipt making on that score. As often
as this happens, the advantage profit afforded by delay is divisible into
two portions: one counter-ballanced by the set-off established under
the name of costs; the other, without so much neat profit many not finding any thing to counter-ballance it.

My Lord I am really ashamed it is not without a feeling of shame and reluctance,
especially considering to whom it is that I am addressing myself,
that I can go on in this way brewing or ever stating that 2 and 2 are equal to 4.
But alas! men never will believe how few men are there, that are capable of believing that 2 and 2 are to be are equal to 4 –
neither more nor less – when any thing is to be got by believing or by professing to believe otherwise!

Such is For Behold here now the remedy, which prescribed by Your Lordship's learned
advisor, in the character of a So sovereign one against undue litigation – Why? – unless it be, because
he knows – for what lawyer can escape knowing? – that in a large
proportion of the whole number of cases it will not operate: it will leave suitor's misery – lawyer's
profit – undiminished.

Identifier: | JB/106/209/002 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-04-19	Marginal Summary Numbering	45 1 - 48 4
Box	106	Main Headings	scotch reform
Folio number	209	Info in main headings field
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	verso	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks	iping 1804
Marginals	jeremy bentham	Paper Producer	bernardino rivadavia
Corrections		Paper Produced in Year	1804
Notes public		ID Number	57871005
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