JB/055/295/001

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1824. Feby. 5
Constitutional Procedure CodeCh. Costs

Middle men

§. 3. Costs §. 1. Principles as to the domination of the sufferance from this source

By costs of suit understand expences
by litigation: expence, in on the pursuers side, expence, on the
defendants side: expence in a pernicious shape; expence
in every other shape, in particular time and labour
consumed for this by of time and labour
that money and moneys worth are obtained.

The obligation of defraying this expence being a burthen, worse proper objects and that burthen productive of pregnant with sufferance
of the minimization of that sufferance among the indispensable objects of the legislators endeavours
labour is the minimization of that sufferance. Moreover But
To lessen the On every each occasion to lessen the amount
of it in any in any way by means of that burthen the net benefit can in
of it much as possible: in one word, to
any shape be produced, good in proportion to that amount is produced in the same quantity
minimize it: and accordingly on every possible occasion to do it
and value as if to that same an equivalent amount the burthen or the
that suffering found it were lessened.

2. In so far as it can not but have place, to 2. In Than in regard to this same burthen arise
distinguishable and alike proper objects of endeavour, for
lodge it, on each occasion, on shoulder on which
the suffering produced by it will sit highest. the expression of which are the following only may serve

1. That To minimize the burthen itself.

2. In so far as it is not susceptible of diminution.

3. So to order matters, as Where the nature of the case
admitts, that out of this burthen may come forth admitts of the application of this burthen in such manner as
to render it productive of a benefit to, apply it accordingly and
maximize this benefit.

This accordingly is what has place in so
far as while according to the amount of it receipt
of the money or moneys worth operates in favour of the
party in the right in the character of an indemnity, on
favour of the party in the wrong it operations in the character
of punishment: and by the amount of it serves the need of punishment
in any other shape.

The benefit thus produced will be a quantity to be
deducted from the burthen imposed by the amount of a
forced payment.

Identifier: | JB/055/295/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-02-05	Marginal Summary Numbering	4-5
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	295	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D2 / E2
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18016
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