JB/055/289/001

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1824. Feby. 3
Constitutional Procedure CodeCh. Costs

II. Pecuniary ability greatest in him on the wrong losing side. Here
in proportion to the disparity the difficulty about transferring the burthen
is less and less.

III. The But now comes a case not equally
easy. Both parties are equally sincere: but the pursuer
when given by whom the suit is gained is in affluence, the defendant
by whom it is lost, is, at the termination of the suit in indigence,
the circumstances of the loser are not more than by
a little part as prosperous as those of the gainers.

Money given, under the name of costs by a loser to
a gainer party vanquished to a victor in the way of litigation
has two effects: on the vanquished, the payer as
painful – a penal a punishment effect: on the victor
the receiver, in mitigation of pain experienced by him on
this occasion of the disbursement, a pleasurable
compensational effect. In the case here assumed there no
demand for punishment has place: misfortune has had
place on both sides. In this case nothing can be taken
from the loser to give to the gainer but its must produce that by the result
a of the operation five times as much
of pain must be produced to the loser as of pleasure to
the gainer.

If then for in a case such as this the pecuniary
circumstances of the parties being in any such ratio, the
giving anything at all in the name of costs to the gainer
at the expence of the loser can be justified, it can be
so no otherwise than on the supposition that on the
pat of the loser blames, in some to a more greater or less
amount has had place in some shape or other had place:
if not in the shape of insincerity, in the shape of
rashness: and this blame uncompensated by blame to a greater amount the
to an equal or greater amount on this side than on the other side.

Identifier: | JB/055/289/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-02-03	Marginal Summary Numbering	31-34
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	289	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D9 / E9
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18010
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