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<p>1824. Feb<hi rend="superscript">y.</hi> 6<lb/>
''This Page Has Not Been Transcribed Yet''
<head><del>Constitutional</del> <add>Procedure</add> Code</head><note>Ch. Costs</note></p>
 
<p><head>&sect;. 3  Costs<lb/>
 
&sect;. 1.  Principles as to the diminution of sufferance<lb/>
 
from this service.</head></p>
<p>By costs of suit, understand expences occasioned<lb/>
by litigation:  expence, on the pursuer's side;  expence<lb/>
on the Defendant's side:  expence in a pecuniary<lb/>
shape;  expence in every other shape:  in particular<lb/>
time and labour consumed:  for it is by expenditure<lb/>
of time and labour that money &amp; money's<lb/>
worth are obtained.</p>
<p>Whatsoever were the damage produced to a party<lb/>
on the pursuers side whatsoever were the damage produced by<lb/>
<del>the</del> <add>any</add> injury to which he complains and on the ground of<lb/>
which he <del>demand</del> places the demand he makes on the<lb/>
Judge at the charge of the Defendant, <del>the costs</del> to the<lb/>
suffering from this injury an addition is unavoidably<lb/>
made by the <del><gap/></del> sufferance unavoidably attendant<lb/>
on the condition of him by whom the sort of claim in question<lb/>
is pursued.  <del>Here then in the case of comparison</del><lb/>
proportionable accordingly as the quantity of the benefit<lb/>
included in whatsoever just claim he has on the<lb/>
score of compensation:  compensation for the conjunct <del><gap/></del><lb/>
injury <add>sufferance</add>:  compensation <del>of</del> for the excretitious sufferance<lb/>
thus <del><gap/></del> unavoidably growing out of the original sufferance.</p>
<p>On the other hand suppose the original <unclear>demand</unclear><lb/>
<del>felt</del> on the pursuer's side not well founded, here out of the<lb/>
application thus made for a remedy comes <add>arises</add> a grievance<lb/>
a sufferance <del><gap/></del> endured by the defendant:  and <del><gap/></del> in the<lb/>
score <add>name</add> of compensation for this sufferance <del>the defendant</del> at the<lb/>
charge of the pursuer the Defendant has as undeniably just a<lb/>
claim as on the opposite supposition the pursuer had at this (the Defendant's) charge.<lb/>
<del>Thus it <gap/></del></p>
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Revision as of 01:26, 1 October 2024

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1824. Feby. 6
Constitutional Procedure CodeCh. Costs

§. 3 Costs
§. 1. Principles as to the diminution of sufferance
from this service.

By costs of suit, understand expences occasioned
by litigation: expence, on the pursuer's side; expence
on the Defendant's side: expence in a pecuniary
shape; expence in every other shape: in particular
time and labour consumed: for it is by expenditure
of time and labour that money & money's
worth are obtained.

Whatsoever were the damage produced to a party
on the pursuers side whatsoever were the damage produced by
the any injury to which he complains and on the ground of
which he demand places the demand he makes on the
Judge at the charge of the Defendant, the costs to the
suffering from this injury an addition is unavoidably
made by the sufferance unavoidably attendant
on the condition of him by whom the sort of claim in question
is pursued. Here then in the case of comparison
proportionable accordingly as the quantity of the benefit
included in whatsoever just claim he has on the
score of compensation: compensation for the conjunct
injury sufferance: compensation of for the excretitious sufferance
thus unavoidably growing out of the original sufferance.

On the other hand suppose the original demand
felt on the pursuer's side not well founded, here out of the
application thus made for a remedy comes arises a grievance
a sufferance endured by the defendant: and in the
score name of compensation for this sufferance the defendant at the
charge of the pursuer the Defendant has as undeniably just a
claim as on the opposite supposition the pursuer had at this (the Defendant's) charge.
Thus it


Identifier: | JB/055/294/001"JB/" can not be assigned to a declared number type with value 55.

Date_1

1824-02-06

Marginal Summary Numbering

1-3

Box

055

Main Headings

Constitutional Code; Procedure Code

Folio number

294

Info in main headings field

Procedure Code

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

D1 / E1

Penner

Watermarks

Marginals

Jeremy Bentham; John Flowerdew Colls

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18015

Box Contents

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