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<p><!-- pencil -->26 Dec<hi rend="superscript">y</hi> 1806<lb/> | |||
<!-- pencil --><head>Scotch Reform To L<hi rend="superscript">d</hi> Grenville</head></p> | |||
<p>When <hi rend="underline">costs</hi> are given, <add>the word</add> <hi rend="underline">costs</hi> being employed in<lb/> | |||
the original and proper sense of the word, what is it<lb/> | |||
<add>my Lord,</add> that is done? <add>by the unsuccessful</add> a sum is put <del>by the <gap/> <gap/></del> into<lb/> | |||
the hands of the successful party, equal <add>or, if greater in some way or other running proportion</add> either to the sum<lb/> | |||
which on the occasion of the suit he has been actually<lb/> | |||
out of pocket, or <add>else</add> to the greatest sum which it is conceived he <del>ought to have</del> was justified in disbursing<lb/> | |||
under the <add>any such</add> expectation <add>as that</add> of being thus eventually reimbursed<lb/> | |||
in the first case are costs when taxed as between Attorney<lb/> | |||
and client; in the other case costs taxed as between party<lb/> | |||
and party.</p> | |||
<p><add><unclear>Actuated</unclear> by the love of justice</add> Meaning to do substantial justice, free <add>pure</add> from the <add>superior to the stream of</add><lb/> | |||
corruption which gives motion and direction to the<lb/> | |||
<add>system of mechanism</add> machinery of the inferior <unclear>regime</unclear> <add>level</add> – <unclear>unprovided</unclear> at the<lb/> | |||
same time with any subordinate official establishment<lb/> | |||
adequate to the adjustment of <add>the</add> details <add>liquidation of such minute matters of <unclear>account</unclear></add><lb/> | |||
the House of Lords, have every now and then fallen into<lb/> | |||
the practice of giving under the <add>that</add> name of costs, <add>by a sort of random guess cast</add>, round<lb/> | |||
and lumping some, such as one hundred, two hundred<lb/> | |||
pound. Bearing no proportion <add>Neither bearing nor aiming at any</add> to the sum actually disbursed,<lb/> | |||
intended to operate in the way of compensation<lb/> | |||
for the delay, <hi rend="underline">damages</hi> rather than <hi rend="underline">costs</hi> would <add>on this occasion</add> have<lb/> | |||
been the proper name. Why then not employ that name?<lb/> | |||
For this reason: because <hi rend="underline">damages</hi> had <del>become</del> <add>by long usage</add> been considered<lb/> | |||
as having become appropriated to such compensation<lb/> | |||
as it belongs to a Jury and a Jury only, to award: the<lb/> | |||
term damages was therefore avoided, but it should present to the conception of a <unclear>jealous</unclear><lb/> | |||
public, and at the head of it to the <unclear>jealous</unclear> House of Commons, the idea of an <gap/> from above, in the provision <add>function</add> and privilege of<lb/> | |||
Juries <add>a Jury</add>.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
26 Decy 1806
Scotch Reform To Ld Grenville
When costs are given, the word costs being employed in
the original and proper sense of the word, what is it
my Lord, that is done? by the unsuccessful a sum is put by the into
the hands of the successful party, equal or, if greater in some way or other running proportion either to the sum
which on the occasion of the suit he has been actually
out of pocket, or else to the greatest sum which it is conceived he ought to have was justified in disbursing
under the any such expectation as that of being thus eventually reimbursed
in the first case are costs when taxed as between Attorney
and client; in the other case costs taxed as between party
and party.
Actuated by the love of justice Meaning to do substantial justice, free pure from the superior to the stream of
corruption which gives motion and direction to the
system of mechanism machinery of the inferior regime level – unprovided at the
same time with any subordinate official establishment
adequate to the adjustment of the details liquidation of such minute matters of account
the House of Lords, have every now and then fallen into
the practice of giving under the that name of costs, by a sort of random guess cast, round
and lumping some, such as one hundred, two hundred
pound. Bearing no proportion Neither bearing nor aiming at any to the sum actually disbursed,
intended to operate in the way of compensation
for the delay, damages rather than costs would on this occasion have
been the proper name. Why then not employ that name?
For this reason: because damages had become by long usage been considered
as having become appropriated to such compensation
as it belongs to a Jury and a Jury only, to award: the
term damages was therefore avoided, but it should present to the conception of a jealous
public, and at the head of it to the jealous House of Commons, the idea of an from above, in the provision function and privilege of
Juries a Jury.
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Identifier: | JB/091/131/001"JB/" can not be assigned to a declared number type with value 91. |
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scotch reform to ld grenville |
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jeremy bentham |
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