17 April 1810
But the more closely this conception is looked into,
the more delusive erroneous it will be seen to be.
1. The case in which it is most the aspect it
presents itself under is most plausible is that where
the plaintiff prevents and to the whole extent of his
But even here, as hath been already observed† † Protest against Law Taxes by the Author London 1796
much approved, and more contradicted, far from being the person
who from the execution on his behalf given to the law on his behalf
reaps the greatest quantity of service, he is of the whole
community, the insufficient defendant excepted, the
person whom the least party by belongs to that class of persons whose neat share of the
benefit rendered by the act is the least. The least?
and why the least? Because it is not but at the
price of the that portion of affliction in the shape of vexation and expence from which litigation
even under the purest administration of justice system of judicature
can never be altogether free freed that the whole body of
the successful plaintiffs receive the benefit of that proportion which
the whole body of non-litigants receive without
any such better accompaniment.
To them the costs of suit are upon the successful
party and that party a successful plaintiff would be
unjust, and in the same way unjust, as if after
forcing upon a portion of the people under the name of
conscripts, the whole burthen of military service, and without compensation the whole
burthen of the military part of the expenditure were
force, and still without compensation upon the same ill-fated cast.
What may moreover happen, and even where the actual
expence is not the beyond what is avoidable, the amount of this
burthen may be greater
than the value of the
relief afforded by means
of it, of which it has
been the instrument.
Here the injustice is
still greater and more manifest.
Identifier: | JB/147/472/001
"JB/" can not be assigned to a declared number type with value 147.
D5 / E5