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<note>Ch Judicial Cost</note> | <note>Ch Judicial Cost</note> | ||
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<head>Ch. Costs <lb/>§.</head> | |||
<head>Ch. Costs <lb/>§.</head> | |||
<!-- Each paragraph begins with two numbers. The first, higher, number was added in JB's hand; the second was written by the penner of the text. --> | |||
<p>88. 1.<lb/>Causes of the evil<lb/> of which litigation is<lb/>liable to be made the<lb/>instrument.<lb/>1. Expence in some cases<lb/>2. Absence of d<hi rend="superscript">o</hi>. in others.<lb/></p><p>89. 2<lb/>Expence natural and<lb/>factitious — a distinction<lb/>necessary here<lb/></p><p>90. 3.<lb/>1. Natural Expence<lb/>From this no suit,<lb/>howsoever simple<lb/>can be altogether clear.<lb/></p><p>91. 4.<lb/>To him whose sole<lb/>source of subsistence<lb/>is time employed in<lb/>labour, whatever occupies<lb/>that time, operates, <lb/>in so far, as expence,<lb/>whether it be<lb/>money paid or time<lb/>by which the money<lb/>would have been earned,<lb/> makes no difference<lb/></p><p>92. 5.<lb/>Mimimum of expence<lb/>attached to litigation<lb/>the money a labourer<lb/>of the lowest paid<lb/>class would have<lb/><del>earned</del> <add>earned</add> in the time. <lb/>The maximum is<lb/>boundless.<lb/></p><!-- column break --><p>93. 6.<lb/> Factitious the expence<lb/> attached by power: <lb/>whether by Legislator <lb/>or Judge — having suitors<lb/>for his own benefit, <lb/>or what comes to the <lb/>same thing for that<lb/> of his subordinates.<lb/> | <p>88. 1.<lb/>Causes of the evil<lb/> of which litigation is<lb/>liable to be made the<lb/>instrument.<lb/>1. Expence in some cases<lb/>2. Absence of d<hi rend="superscript">o</hi>. in others.<lb/></p><p>89. 2<lb/>Expence natural and<lb/>factitious — a distinction<lb/>necessary here<lb/></p><p>90. 3.<lb/>1. Natural Expence<lb/>From this no suit,<lb/>howsoever simple<lb/>can be altogether clear.<lb/></p><p>91. 4.<lb/>To him whose sole<lb/>source of subsistence<lb/>is time employed in<lb/>labour, whatever occupies<lb/>that time, operates, <lb/>in so far, as expence,<lb/>whether it be<lb/>money paid or time<lb/>by which the money<lb/>would have been earned,<lb/> makes no difference<lb/></p><p>92. 5.<lb/>Mimimum of expence<lb/>attached to litigation<lb/>the money a labourer<lb/>of the lowest paid<lb/>class would have<lb/><del>earned</del> <add>earned</add> in the time. <lb/>The maximum is<lb/>boundless.<lb/></p><!-- column break --><p>93. 6.<lb/> Factitious the expence<lb/> attached by power: <lb/>whether by Legislator <lb/>or Judge — having suitors<lb/>for his own benefit, <lb/>or what comes to the <lb/>same thing for that<lb/> of his subordinates.<lb/> | ||
</p><p>94. 7. <lb/>Justification. Labourer <lb/>desires his hire.<lb/> As in other cases, so<lb/> in this, why should<lb/> not the labourer set <lb/>his own price on <lb/>his services: he best <lb/>knows the value of <lb/>them<lb/></p><p>95. 8. <lb/>Answer 1. In other<lb/> lines, to every labourer, <lb/>there are competitors, <lb/>by who the<lb/> price he can set is<lb/> limited. Not so here. <lb/>Here, then, should<lb/> the Legislator set the<lb/> limits.<lb/></p><p>96. 9. <lb/>2. The price should <lb/>be paid by public,<lb/> not by litigants. <lb/> Reasons. <lb/>1. From all suits taken<lb/> together, non litigants<lb/> derive more benefit <lb/>than litigants. Non litigants<lb/> have superior<lb/> security, & without any <lb/>expence <add>unless expence</add> is assessed on <lb/>them by Legislator.<lb/></p><!-- column break --><p>97. 10.<lb/>2 Assess the expence<lb/> on litigants, you make<lb/> it the interest of the<lb/> Judges to maximize <lb/>it: you assess it on <lb/>judicial operations <lb/>and instruments; <lb/>and the more of<lb/> these, the greater their<lb/> profit and the litigant's <lb/>expence. <lb/></p><p>98. 11.<lb/> II. Motives. legislative <lb/>restraint, none, means <lb/>present, <hi rend="underline">motives</hi> can <lb/>never be wanting adequate <lb/>to the production <lb/>of the above boundless<lb/> evil. | </p><p>94. 7. <lb/>Justification. Labourer <lb/>desires his hire.<lb/> As in other cases, so<lb/> in this, why should<lb/> not the labourer set <lb/>his own price on <lb/>his services: he best <lb/>knows the value of <lb/>them<lb/></p><p>95. 8. <lb/>Answer 1. In other<lb/> lines, to every labourer, <lb/>there are competitors, <lb/>by who the<lb/> price he can set is<lb/> limited. Not so here. <lb/>Here, then, should<lb/> the Legislator set the<lb/> limits.<lb/></p><p>96. 9. <lb/>2. The price should <lb/>be paid by public,<lb/> not by litigants. <lb/> Reasons. <lb/>1. From all suits taken<lb/> together, non litigants<lb/> derive more benefit <lb/>than litigants. Non litigants<lb/> have superior<lb/> security, & without any <lb/>expence <add>unless expence</add> is assessed on <lb/>them by Legislator.<lb/></p><!-- column break --><p>97. 10.<lb/>2 Assess the expence<lb/> on litigants, you make<lb/> it the interest of the<lb/> Judges to maximize <lb/>it: you assess it on <lb/>judicial operations <lb/>and instruments; <lb/>and the more of<lb/> these, the greater their<lb/> profit and the litigant's <lb/>expence. <lb/></p><p>98. 11.<lb/> II. Motives. legislative <lb/>restraint, none, means <lb/>present, <hi rend="underline">motives</hi> can <lb/>never be wanting adequate <lb/>to the production <lb/>of the above boundless<lb/> evil. | ||
</p><p>99. 12.<lb/> 1. Even love of Mars.<lb/> To the too many to<lb/> whom other's pain is <lb/>a source of pleasure, <lb/>means sufficient w<hi rend="superscript">d</hi>. <lb/>be a portion of time<lb/> thus employable, without<lb/> prejudice to subsistence.<lb/>Allusion to the rich <lb/>Roman | </p><p>99. 12.<lb/> 1. Even love of Mars.<lb/> To the too many to<lb/> whom other's pain is <lb/>a source of pleasure, <lb/>means sufficient w<hi rend="superscript">d</hi>. <lb/>be a portion of time<lb/> thus employable, without<lb/> prejudice to subsistence.<lb/>Allusion to the rich <lb/>Roman <gap/>, who,<lb/> beating men, gave them <lb/>the <sic>fixt</sic> compensation <lb/>money<lb/></p><p>100. 13.<lb/> In this way, boundless <lb/>is the suffering inflictible<lb/> with very small<lb/> expence of time. Example<lb/> Witnesses & parties<lb/> belched from remote <lb/>places in defence against<lb/> a groundless or accusing<lb/></p> | ||
1823. Decr. 8.
Constitutional Procedure Code
[G]
9
Ch Judicial Cost
Ch. Costs
§.
88. 1.
Causes of the evil
of which litigation is
liable to be made the
instrument.
1. Expence in some cases
2. Absence of do. in others.
89. 2
Expence natural and
factitious — a distinction
necessary here
90. 3.
1. Natural Expence
From this no suit,
howsoever simple
can be altogether clear.
91. 4.
To him whose sole
source of subsistence
is time employed in
labour, whatever occupies
that time, operates,
in so far, as expence,
whether it be
money paid or time
by which the money
would have been earned,
makes no difference
92. 5.
Mimimum of expence
attached to litigation
the money a labourer
of the lowest paid
class would have
earned earned in the time.
The maximum is
boundless.
93. 6.
Factitious the expence
attached by power:
whether by Legislator
or Judge — having suitors
for his own benefit,
or what comes to the
same thing for that
of his subordinates.
94. 7.
Justification. Labourer
desires his hire.
As in other cases, so
in this, why should
not the labourer set
his own price on
his services: he best
knows the value of
them
95. 8.
Answer 1. In other
lines, to every labourer,
there are competitors,
by who the
price he can set is
limited. Not so here.
Here, then, should
the Legislator set the
limits.
96. 9.
2. The price should
be paid by public,
not by litigants.
Reasons.
1. From all suits taken
together, non litigants
derive more benefit
than litigants. Non litigants
have superior
security, & without any
expence unless expence is assessed on
them by Legislator.
97. 10.
2 Assess the expence
on litigants, you make
it the interest of the
Judges to maximize
it: you assess it on
judicial operations
and instruments;
and the more of
these, the greater their
profit and the litigant's
expence.
98. 11.
II. Motives. legislative
restraint, none, means
present, motives can
never be wanting adequate
to the production
of the above boundless
evil.
99. 12.
1. Even love of Mars.
To the too many to
whom other's pain is
a source of pleasure,
means sufficient wd.
be a portion of time
thus employable, without
prejudice to subsistence.
Allusion to the rich
Roman , who,
beating men, gave them
the fixt compensation
money
100. 13.
In this way, boundless
is the suffering inflictible
with very small
expence of time. Example
Witnesses & parties
belched from remote
places in defence against
a groundless or accusing
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recto |
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john flowerdew colls |
j whatman turkey mill 1822 |
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jonathan blenman |
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1822 |
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