JB/055/286/001

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1824. Feby. 3
Constitutional Procedure CodeCh. Costs

Costs to or , ought with
more punishment paid to the relief to payee except for punishments.
Their pecuniary circumstance must be taken into account though in a rough way.

Now as to that portion of the mass burthen of costs which can
not be extinguished or lightened alleviated by transference.

Here one material distinction presents itself. Here two
portions which it is of importance to distinguish present themselves.
1. the portion which can not but be advanced in the first instance;
and 2. the portion the disbursement of which is susceptible
of being retarded.

In regard to costs in so far as the advancement of them
is necessary to justice – to prevent abuse the demand is just, to
define when the demand is unjust provision from some
source other than the finances of the must be made,
or cost is the result, evil to the pursuer by denial
of justice, evil to the defendant, in the shape of oppression
by the hand of judicature.

Now as to the means of obviating evil is those several shapes.

1. On the pursuers side, so far as regards the expence of
professional assistance, on the occasion of the initiatory application
this portion of the at present ordinary expence is pretty effectually
obviated by the access given at this stage to every applicant at this stage
to the presence of the Judge. Let Be the incapacity of the party
interested ever so entire, deplorable indeed must be his situation
of having really so just demand, he is unable to find an
after a friend or protector who in the capacity of
unpaid assistant or substitute is at once willing and able
to the requisite with the aid of the Judge himself to
make known his case to the Judge. Suppose in any instance
this inability permanent, the presumption seems conclusive, either
that to such right, or that such has been his conduct
towards all persons with whom he has been in contact, this
the his inability to find such an assistant is the natural and
irresistible punishment to which such his conduct has had the
effect of subjecting him to.

Identifier: | JB/055/286/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-02-03	Marginal Summary Numbering	21-22
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	286	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D6 / E6
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	18007
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