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1823. Decr. 8.
Constitutional Procedure Code
[G]
9
Ch Judicial Cost
Ch. Costs
§.
88. 1.
Causes of the evil
of which litigation is
liable to be made the
instrument.
1. Expence in some cases
2. Absence of do. in others.
89. 2
Expence natural and
factitious — a distinction
necessary here
90. 3.
1. Natural Expence
From this no suit,
howsoever simple
can be altogether clear.
91. 4.
To him whose sole
source of subsistence
is time employed in
labour, whatever occupies
that time, operates,
in so far, as expence,
whether it be
money paid or time
by which the money
would have been earned,
makes no difference
92. 5.
Mimimum of expence
attached to litigation
the money a labourer
of the lowest paid
class would have
earned earned in the time.
The maximum is
boundless.
93. 6.
Factitious the expence
attached by power:
whether by Legislator
or Judge — having suitors
for his own benefit,
or what comes to the
same thing for that
of his subordinates.
94. 7.
Justification. Labourer
desires his hire.
As in other cases, so
in this, why should
not the labourer set
his own price on
his services: he best
knows the value of
them
95. 8.
Answer 1. In other
lines, to every labourer,
there are competitors,
by who the
price he can set is
limited. Not so here.
Here, then, should
the Legislator set the
limits.
96. 9.
2. The price should
be paid by public,
not by litigants.
Reasons.
1. From all suits taken
together, non litigants
derive more benefit
than litigants. Non litigants
have superior
security, & without any
expence unless expence is assessed on
them by Legislator.
97. 10.
2 Assess the expence
on litigants, you make
it the interest of the
Judges to maximize
it: you assess it on
judicial operations
and instruments;
and the more of
these, the greater their
profit and the litigant's
expence.
98. 11.
II. Motives. legislative
restraint, none, means
present, motives can
never be wanting adequate
to the production
of the above boundless
evil.
99. 12.
1. Even love of Mars.
To the too many to
whom other's pain is
a source of pleasure,
means sufficient wd.
be a portion of time
thus employable, without
prejudice to subsistence.
Allusion to the rich
Roman , who,
beating men, gave them
the fixt compensation
money
100. 13.
In this way, boundless
is the suffering inflictible
with very small
expence of time. Example
Witnesses & parties
fetched from remote
places in defence against
a groundless or accusing
§. 1. Abuse how produced
by natural expence of litigation.
1. 2. 3. 4. 5
§. 2 by factitious do
6. 7. 8. 9. 10. 11. 12. 13. 14. 15.
16. 17.
§. 3. by absence of expence
14. 15. 16. 17. 18.
§. 4. Abuse in all these shapes
how obviated by rightly
seated factitious expence
and exclusion of all inessential
expence, and inhibition
of all such producing
vexation outweighing
19.
§. 5. Customary course, its
oppositenesss to that recommended in cause thereof
20. - 21
§. 6. Opposite purposes of the
two courses: 1. of the proper
22. of the customary 23. 24. 25. 26. 27.
32
§. 7. Consequences of the
oppositeness, as to justice,
28. 29. 30. 31. 32.
§. 8. Bonaparte's Code
purposes same as of customary:
these results
thence 1. Exclusion of applicants
of the subject.
33. 34. 35. 36. 37. 38
§. 9. 11. Here of
assistance necessitated
39. 4. 41. 42. 43.
§. 10. relief, interposition
of inefficient
Court before
any do
44. 45. 46. 47. 48. 49
50. 51. 52. 53..
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