JB/055/295/001

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1824. Feby. 5
Constitutional Procedure Code

2 2o
IV
Ch. Costs.
Middle Men (2 §. Procedure First Law
§.3. Costs

§. 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 expenditure 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/in any in any way by means of that burthen a net benefit can in
of it can not be as impossible: in a word, 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
altogether
suffering from it were lessened.

2. In reg Hence in regard to this same burthen arise
2. In so far as it can not but have place, to
distinguishable and alike proper objects of endeavour, for
lodge it, on each occasion, on the shoulder on which
the expression of which are the following only may serve
the suffering produced by it will sit highest.

5
5. Hence these objects of
endeavour.
1. To minimize the burthen
2. —— the sufferance
produced by it.
3. — To render it productive
of an equivalent
benefit not otherwise
producible.

1. That t To minimize the burthen itself.

that 2. In so far as it is not susceptible of redu diminution to minimise the sufferance
produced by it, by transferring
it from shoulders
on which more sufferance
to others on which less
by the same burthen
less sufferance is/will be produced.
Of these a

3. So to order matters, as Where the nature of the case
admitts of the application of this burthen in such manner as
admitts as that out of this burthen may come forth
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 the receipt
of the money or moneys worth operates in favour of the
party in the right in the character of an indemnity, in
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.

From the burthen this
benefit will be to be
deducted

The benefit thus produced will be a quantity to be
deducted from the burthen imposed by the amount of a
forced payment.

Identifier: | JB/055/295/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-02-05	Marginal Summary Numbering	4-5
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	295	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D2 / E2
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18016
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