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<note | <note>Pauper. <lb/> A person to be admitted to sue in <lb/><foreign>forma pauperis</foreign>, is forced to swear <lb/>to his not having a sum, much <lb/>less commonly than that, after all <lb/>the indulgences given him, in that <lb/>which is necessary to carry on his <lb/>cause.</note> | ||
<p>The policy should be to throw the whole Load of the expence upon the Party in the wrong <add> <gap/></add> <lb/><add>equally</add> discouraging <add>by that means the</add> <add>the spirit of</add> vexation in <sic>Ptffs</sic>, and that of obstinacy & Chicanery in Defendants. </p> | <p>The policy should be to throw the whole Load of the expence upon the Party in the wrong <add> <gap/></add> <lb/><add>equally</add> discouraging <add>by that means the</add> <add>the spirit of</add> vexation in <sic>Ptffs</sic>, and that of obstinacy & Chicanery in Defendants. </p> | ||
<head>2</head> | |||
<p>On the present policy of the Assessment that Load is in the first instance equally distributed <lb/>on both Parties: and an expence of a magnitude to swallow up many a <unclear>small</unclear> <lb/>demand <del>beco</del> <add>is</add> a matter of absolute certainty, while success, (owing to the number of forms <lb/>obstacles against which the merits of a cause are liable to stumble) even tho' the matter of <lb/>right to be clear as well as the evidence compleat and unimpeachable, is <add>at best but</add> problematical.<hi rend="superscript">[+]</hi> <lb/><note><hi rend="superscript">[+]</hi> even to person initiated, & still more <lb/> so to men at large, to whom the timing <lb/>of their danger are augmented by their <lb/>ignorance of <sic>it's</sic> nature.</note> </p> | |||
<head>3.</head> | |||
<p>The Remedy for this seems to be, (if by all means for the sake of the Revenue Law <lb/>proceeding, are to be <sic>encumber'd</sic>) to take off the Stamp - duty upon the <gap/> <add>papers</add>, and <gap/> <!-- truncated --> <lb/>a p<hi rend="superscript">r</hi> Centage, <add>of the Value of the thing sued for</add> <del>which</del> as an Increment to be added at the end of the Suit to the Costs <lb/>of the <del>Def:</del> <add>party <gap/></add> greater in proportion in small Sums, and decreasing as the value litigated <lb/> augments.— </p> | |||
1 Costs — Stamps — pr Centage, on Value 1
Pauper.
A person to be admitted to sue in
forma pauperis, is forced to swear
to his not having a sum, much
less commonly than that, after all
the indulgences given him, in that
which is necessary to carry on his
cause.
The policy should be to throw the whole Load of the expence upon the Party in the wrong
equally discouraging by that means the the spirit of vexation in Ptffs, and that of obstinacy & Chicanery in Defendants.
2
On the present policy of the Assessment that Load is in the first instance equally distributed
on both Parties: and an expence of a magnitude to swallow up many a small
demand beco is a matter of absolute certainty, while success, (owing to the number of forms
obstacles against which the merits of a cause are liable to stumble) even tho' the matter of
right to be clear as well as the evidence compleat and unimpeachable, is at best but problematical.[+]
[+] even to person initiated, & still more
so to men at large, to whom the timing
of their danger are augmented by their
ignorance of it's nature.
3.
The Remedy for this seems to be, (if by all means for the sake of the Revenue Law
proceeding, are to be encumber'd) to take off the Stamp - duty upon the papers, and
a pr Centage, of the Value of the thing sued for which as an Increment to be added at the end of the Suit to the Costs
of the Def: party greater in proportion in small Sums, and decreasing as the value litigated
augments.—
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Identifier: | JB/050/166/002"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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166 |
procedure civil costs - stamps ad valorem |
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002 |
costs - stamps - p. centage, on value / pauper |
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text sheet |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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16157 |
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