JB/055/288/001

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1824. Feby. 3
Constitutional Procedure CodeCh. Costs

Thus at the first stage of the proceeding, and so at
each succeeding one stage.

Thus far as to advance: now as to reimbursement. Now comes the question about reimbursement.

1. To the pursuer, reimbursement of his costs, in the event
of his being deemed to be in the right.

I. If in regard to pecuniary ability, there be decided
difference between pursuer and defendant, there seems
no great nor yet on the defendants side any want of sincerity on the defendant's
side, there seems no great difficulty. By From the bearing of this
burthen the suffering will not be considerably greater if borne by laid on the
defendant than if left to be borne by the pursuers.
On the other hand, if in the breast of the Public Opinion
Tribunal Committee no doubt should have place as
to the existence of sincerity on the Defendant's side,
the not laying the transferring upon the Defendant's
shoulders the burthen which the pursuer had in the obligation to take upon him, at a time when the burthen
imposed upon him by the want of the service demanded
by him remained unalleviated, might seem
to operate a deficiency in the form of the restraint
put upon injustice on the defendant's side, while the incompleatness
of the alleviation afforded to the Pursuer
would operate as a defalcation from towards producing a feeling
of insecurity on the part of all persons whose placed by their circumstances
placed them in a situation analogous to that
of the pursuer.

To meet this difficulty provide For this state of the case province may
it should see be unexceptionally made by allowing
a distribution of the burthen of costs to be made at the discretion
of the Judge.

Identifier: | JB/055/288/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-02-03	Marginal Summary Numbering	28-30
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	288	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D8 / E8
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18009
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