JB/147/473/001

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17 April 1810
Sinecures

2. It Under a sense more or less distance of this
injustice, an expedient erroneously resorted to is that
of throwing the burthen in each cause upon the unsuccessful party,
viz the party who as such is deemed to be in the wrong,
whether on the plaintiffs or on the defendants side.

In the character of a punishment, however for its
object the prevention of mala fide or rash litigation
on either side, such a disposition may must, be the are
viz to the extent of the demand for punishment
on this score be admitted to be a useful one and upon the whole is proper: adding
to the advantage derived from it in the that character
of a punishment, the advantage of contributing by the amount of
it the penal sum to the alleviation of the aggregate mass of public
burthens. But

1. In the first place what sometimes but too often happens is
that the party, thus deemed to be in the wrong, proves
to be altogether unable to support defray the expence, or
even any of the smallest part of it. Meantime the expence
must find some purse to defray it, and that on both sides of the cause
and from the very commencement of the exercise.

2. Though he should not be destitute of the means
of defraying the expence, yet the amount what will may
very frequently happen, is – that in the character
of a punishment, the weight of the burthen of the costs may be too great
of the offence. In this case the difference constitutes the
amount of the misplaced part of the burthen.

3. The success of the cause may be equally divided
between the party or parties in each side of the cause.

4. Be Though of one of the parties the ill success be ever so
compleat, yet on his part no less than on the others it may
have been accompanied with the any of blame.

Identifier: | JB/147/473/001 "JB/" can not be assigned to a declared number type with value 147.
Date_1	1810-04-17	Marginal Summary Numbering
Box	147	Main Headings	Sinecures
Folio number	473	Info in main headings field	Sinecures
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D6 / E6
Penner		Watermarks	TH 1806
Marginals		Paper Producer	Andre Morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	49698
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