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<head>1824. <sic>Feb<hi rend="superscript">y.</hi></sic> 4<lb/><del>Constitutional</del> <add>Procedure</add> Code</head> <!-- some in pencil --><p>12<lb/><note>IV<lb/>Ch. vi Costs</note><lb/>12 <note>§. Procedure First Lines<lb/>§.3. Costs<lb/>English Law</note></p> <p>Only in cases purely private <del>ha</del> <add>is</add> this <sic>varigation</sic><lb/><del>plain</del> <add><del>more</del> displayed.</add> In cases purely public it is all simplicity<lb/>simplicity is <unclear>conspicuous</unclear>. Nor is it much less so in cases<lb/>publico-private.</p> <p>The King when he is in person pays costs. Why! Because<lb/>says Blackstone it would be beneath his dignity.<lb/>In the exercise of <unclear>oppressive posture</unclear> would have the dignity.</p> <p><add>The <unclear>government</unclear> by a Monarchy, what the subject suffers<lb/>is of course not worth thinking about thinking about.</add></p> <p>Many things have not their reason: every thing has its<lb/>cause or causes.</p> <p><del>The cause of the <gap/></del> If <add>Were</add> the King were to pay costs,<lb/>payment of them would be an act of acknowledgement that he or<lb/>his instruments or both or the one and the other had been in the<lb/>wrong. But <del>th</del> it is not in the power the King to do wrong<lb/>that the King can do no wrong says in so many and a fundamental<lb/>maxim: whatever is most wrong <del><gap/></del> is converted<lb/>into right <del>from</del> by the Kings participation in it. There is no<lb/>case why the King pays no costs: neither is that as <add>by</add> the<lb/>parting with the money for this purpose he would obtain<lb/>no pleasure he does not choose to part with it.</p> <p>If the King were to receive costs that is to say<lb/>if what is paid by the money raising part <add>class</add> of his servants<lb/>to the larger class were to be demanded of individuals, the<lb/>charge would be so enormous that <gap/> parties <add>passive obedience <unclear>pristine</unclear> would<lb/>as it is</add> not be able to endure it.</p> <p>Here a difference has place between offences which<lb/>touch his power, and offences <add>those</add> which touch his revenue. Of<lb/>those which touch his power he reserves the prosecution to his<lb/>own instruments.</p> <p><add>Of</add> Those which only touch his revenue, <del>the prosecutor</del><lb/>may to <add><del>he acts</del></add> this purpose be divided into two classes as to the purpose<lb/>distinguishable. Some are like those just mentioned prosecuted<lb/>by his <del><gap/></del> <add>own</add> instruments: <add>for</add> others <del>are</del> the prosecution is <add>is <unclear>preferedly</unclear> <del><gap/></del> committed</add><lb/>to a sort of contractor who for the sake of prescience <add>not</add><lb/>not receivable but upon<lb/>conviction take upon themselves<lb/>in part or in<lb/>whole the <sic>burthen</sic> of costs.</p> | |||
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1824. Feby. 4
Constitutional Procedure Code
12
IV
Ch. vi Costs
12 §. Procedure First Lines
§.3. Costs
English Law
Only in cases purely private ha is this varigation
plain more displayed. In cases purely public it is all simplicity
simplicity is conspicuous. Nor is it much less so in cases
publico-private.
The King when he is in person pays costs. Why! Because
says Blackstone it would be beneath his dignity.
In the exercise of oppressive posture would have the dignity.
The government by a Monarchy, what the subject suffers
is of course not worth thinking about thinking about.
Many things have not their reason: every thing has its
cause or causes.
The cause of the If Were the King were to pay costs,
payment of them would be an act of acknowledgement that he or
his instruments or both or the one and the other had been in the
wrong. But th it is not in the power the King to do wrong
that the King can do no wrong says in so many and a fundamental
maxim: whatever is most wrong is converted
into right from by the Kings participation in it. There is no
case why the King pays no costs: neither is that as by the
parting with the money for this purpose he would obtain
no pleasure he does not choose to part with it.
If the King were to receive costs that is to say
if what is paid by the money raising part class of his servants
to the larger class were to be demanded of individuals, the
charge would be so enormous that parties passive obedience pristine would
as it is not be able to endure it.
Here a difference has place between offences which
touch his power, and offences those which touch his revenue. Of
those which touch his power he reserves the prosecution to his
own instruments.
Of Those which only touch his revenue, the prosecutor
may to he acts this purpose be divided into two classes as to the purpose
distinguishable. Some are like those just mentioned prosecuted
by his own instruments: for others are the prosecution is is preferedly committed
to a sort of contractor who for the sake of prescience not
not receivable but upon
conviction take upon themselves
in part or in
whole the burthen of costs.
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