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<p>1826. <del>Sept<hi rend="superscript">r.</hi></del> Oct. 1<lb/> | |||
' | <head>Procedure Code</head><lb/> | ||
<note>Ch. Costs</note></p> | |||
<p>§ 1 Compensation by future instalments as pay <add>compensation</add> for labour</p> | |||
<p>Costs <add>meaning Costs of procedure</add> are distinguished into, 1. Actual. – 2. Compensational.</p> | |||
<p>Art 1. By actual costs understand the aggregate of the costs or say expenditure<lb/> | |||
made on both sides: money and time for which money<lb/> | |||
would otherwise be obtained included.</p> | |||
<p>Art. 1. By compensational or say compensation requiring costs, understand<lb/> | |||
such costs as by either party justice requires that<lb/> | |||
compensation be made for by the other.</p> | |||
<p>Art. 3. Now under the general rule <add>exceptions excepted by</add> whichever party in the suit is ever<lb/> | |||
wrong compensation should be made to the other or such<lb/> | |||
others as are in the right.</p> | |||
<p>Art. 4. Accordingly if the pursuer there being but one is in the right<lb/> | |||
and the definitive decree is made in his favor added to whatsoever<lb/> | |||
satisfaction is made to him by the defendant for the wrong<lb/> | |||
will be such satisfaction as is due on account of the costs imposed<lb/> | |||
on the pursuer by the resistance made to his demand by<lb/> | |||
the defendant during the course of the suit.</p> | |||
<p>Art. 5. So if it be the pursuer who is in the wrong in respect of<lb/> | |||
his demand the defendant being in the right in respect of the<lb/> | |||
resistance made by him to the demand in this case such satisfaction<lb/> | |||
as is due on account of the costs imposed on the<lb/> | |||
defendant by the resistance made to the demand of the plaintiff<lb/> | |||
during the course of the suit.</p> | |||
<p>Art. 6. Bt whichsoever of the parties it be in whose favor<lb/> | |||
it happens that at the termination of the suit, that by the<lb/> | |||
Judge he is determined to have at the commencement of the<lb/> | |||
suit been in the right what may also at any time during the<lb/> | |||
continuance of the suit to have done something wrong by the<lb/> | |||
effects of which the need of making disbursement of money or<lb/> | |||
money's worth, time has been imposed upon a party by either<lb/> | |||
on the other side or perhaps even on a party of his own side<lb/> | |||
of the suit. In this case justice requires that though it be<lb/> | |||
by a party who in the main is in the right satisfaction for<lb/> | |||
the incidental wrong should be made to the party or if more<lb/> | |||
than one to the parties who have respectively been sufferers<lb/> | |||
by it. Costs thus occasioned may be distinguished by the<lb/> | |||
appellation of incidental compensation-requiring costs.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. Septr. Oct. 1
Procedure Code
Ch. Costs
§ 1 Compensation by future instalments as pay compensation for labour
Costs meaning Costs of procedure are distinguished into, 1. Actual. – 2. Compensational.
Art 1. By actual costs understand the aggregate of the costs or say expenditure
made on both sides: money and time for which money
would otherwise be obtained included.
Art. 1. By compensational or say compensation requiring costs, understand
such costs as by either party justice requires that
compensation be made for by the other.
Art. 3. Now under the general rule exceptions excepted by whichever party in the suit is ever
wrong compensation should be made to the other or such
others as are in the right.
Art. 4. Accordingly if the pursuer there being but one is in the right
and the definitive decree is made in his favor added to whatsoever
satisfaction is made to him by the defendant for the wrong
will be such satisfaction as is due on account of the costs imposed
on the pursuer by the resistance made to his demand by
the defendant during the course of the suit.
Art. 5. So if it be the pursuer who is in the wrong in respect of
his demand the defendant being in the right in respect of the
resistance made by him to the demand in this case such satisfaction
as is due on account of the costs imposed on the
defendant by the resistance made to the demand of the plaintiff
during the course of the suit.
Art. 6. Bt whichsoever of the parties it be in whose favor
it happens that at the termination of the suit, that by the
Judge he is determined to have at the commencement of the
suit been in the right what may also at any time during the
continuance of the suit to have done something wrong by the
effects of which the need of making disbursement of money or
money's worth, time has been imposed upon a party by either
on the other side or perhaps even on a party of his own side
of the suit. In this case justice requires that though it be
by a party who in the main is in the right satisfaction for
the incidental wrong should be made to the party or if more
than one to the parties who have respectively been sufferers
by it. Costs thus occasioned may be distinguished by the
appellation of incidental compensation-requiring costs.
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j whatman turkey mill 1826 |
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jonathan blenman |
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