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<p><!-- pencil --><unclear>27</unclear> Feb<hi rend="superscript">y</hi> 1807</p> | |||
<p>II. <hi rend="underline">Occasional excessiveness</hi>.</p> | |||
<p>Considered in the character of a check <add>or remedy</add> in the nature of a<lb/> | |||
punishment against <add>purposed</add> delay, <del>costs</del> the sort of <del>allowance</del> <add>eventual burthen</add> designated<lb/> | |||
by the name of costs is tainted with another imperfection: –<lb/> | |||
<del>It is, <add>was under the natural system difficult, and under the national system</add> almost impossible to prevent it from<lb/> | |||
either</del> <add>besides</add> falling short of the mark, and so being <del>inadequate <add><gap/> insufficient</add><lb/> | |||
or going <add>shooting</add></del> <add>it is liable to go</add> beyond the mark, and so <del>becoming</del> <add>to become</add> oppressive.<lb/> | |||
To <del>prevent</del> <add>ward off</add> this oppression is, even under the <hi rend="underline">natural</hi> system, <gap/>.</p> | |||
<p>It falls short of the mark, if the allowance made it<lb/> | |||
<add>of <unclear>same</unclear> difficulty: under the <hi rend="underline">technical</hi> system, it is impossible</add> the expence of the vanquished party to the victorious falls short<lb/> | |||
of the <del>expence</del> burthen in <del>the way of money</del> <add>all shapes pecuniary</add> disbursement<lb/> | |||
of money being but one, which he has borne: in this<lb/> | |||
case there is so much injury <del><gap/> injury</del> rests on the party<lb/> | |||
in the right, injury for which no satisfaction is received.</p> | |||
<p><del>It</del> <add>The check imposed by allowance of costs</add> goes beyond the mark, if, in contemplation <del>of</del> and<lb/> | |||
expectation of the allowance provided <add>for him as he supposes</add> by the law, in <add>on</add> the<lb/> | |||
name <add>score</add> of satisfaction, for the burthen provisionally imposed<lb/> | |||
on him in the shape of expence and <add>miscellaneous</add> vexation, he <del>gives</del><lb/> | |||
himself, <add>whether through design or negligence,</add> gives <del>and</del> to the <del><gap/></del> weight of that burthen an unnecessary<lb/> | |||
increase.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
27 Feby 1807
II. Occasional excessiveness.
Considered in the character of a check or remedy in the nature of a
punishment against purposed delay, costs the sort of allowance eventual burthen designated
by the name of costs is tainted with another imperfection: –
It is, was under the natural system difficult, and under the national system almost impossible to prevent it from
either besides falling short of the mark, and so being inadequate insufficient
or going shooting it is liable to go beyond the mark, and so becoming to become oppressive.
To prevent ward off this oppression is, even under the natural system, .
It falls short of the mark, if the allowance made it
of same difficulty: under the technical system, it is impossible the expence of the vanquished party to the victorious falls short
of the expence burthen in the way of money all shapes pecuniary disbursement
of money being but one, which he has borne: in this
case there is so much injury injury rests on the party
in the right, injury for which no satisfaction is received.
It The check imposed by allowance of costs goes beyond the mark, if, in contemplation of and
expectation of the allowance provided for him as he supposes by the law, in on the
name score of satisfaction, for the burthen provisionally imposed
on him in the shape of expence and miscellaneous vexation, he gives
himself, whether through design or negligence, gives and to the weight of that burthen an unnecessary
increase.
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Identifier: | JB/106/211/002"JB/" can not be assigned to a declared number type with value 106. |
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1807-02-27 |
1-3 |
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106 |
scotch reform |
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211 |
to l grenville |
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002 |
occasional exceptions |
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text sheet |
1 |
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verso |
c1 / d3 / e1 |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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1804 |
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57871007 |
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