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28 Nov. 1810.
Prize
16
Ch.1. Beginning
5
s. 4. III. Insufficiency
19
11
1. Expenses yielding
profit to Law Agents
are called Costs.
The costs to the payment
of which a
captor is exposed
are not or his
own only but
those of the claimant.
1. Let us consider in the first place those expenses which
are sources of profit to law Agents: and which in their language are commonly called Costs.
1. Under the name of costs must be comprehended not
of those expenses of suit which the captors or some
of them are obliged to advance out of their own pockets
before it can be certain is acertained whether any money adequate
to the supply of the deficiency thus made will ever
come into their hands, but moreover in the event of an adverse
decision, the payment of a sum sums equal to the amount
of the exp money disbursed in the other side on the occasion of the suit
in the other side.
12
In each case to
a small mass of
natural and unavoidable
disbursements
are added
a vast mass of
factitious and avoidable
and unnecessary
ones imposed
for purposes
even adverse to those
of justice
And in each side to that such mass of expense which
is natural and unavoidable composed in each instance of disbursements
so circumstanced that without them grounds sufficient to
warrant a just decision can not be obtained made , are is may be seen to be added
others each that are an ulterior and partly factitious burthen, composed of
disbursements not none of them necessary nor contributing
any thing to rectitude of decision, but exacted of
the suitors in both sides, for purposes not conducive widely different from
but on the contrary adverse to the purposes of justice.
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Identifier: | JB/547/019/001"JB/" can not be assigned to a declared number type with value 547. |
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1810-11-28 |
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019 |
Prizes |
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001 |
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Text sheet |
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Jeremy Bentham |
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