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1824. Feby. 5
Constitutional Procedure Code
2 2o
IV
<sic>Ch.<?sic> Costs.
Middle Men (2 §. Procedure Law
§.3. Costs
<head>§. 3. Costs
§. 1. Principles as to the diminution of the sufferance from this source
By costs of suit understand expence
by litigation: expence, 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 it by of time and labour
that money and moneys worth are obtained.
34
4 To minimise the
suffering is among
legislator's unquestionable
duties.
Equivalent to the defalcation
of any portion, is the
employing it, with effect
in defalcating so much
sufferance from other sources.
The obligation of the defraying this expence
being a burthen, and that burthen productive of/prequisite with sufferance — how how were there proper objects
of the minimization of that sufferance among the indispensable objects of the legislators endeavours
labours is the minimization of that sufferance. Moreover But if
To lessen the On every each occasion to lessen the amount
of any in any way by means of that burthen by means of that burthen a net</add. benefit can in
of it <add>in any 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.
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295 |
Procedure Code |
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