JB/055/302/001

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1824. Feby. 8
Constitutional Procedure Code.Ch. Costs

First as to the propriety of such transference.
In a certain case benefit will be shown to be produced
by the transference of the burthen from the party
to party: the transference producing compensation, and
by at in favour of one side and punishment at the
charge of the other. This Of this case more particulars explanation
will be given in the last place, at present it is
mentioned for no other purpose than the being for the present
put aside.

Remains here to be considered the propriety of transferring
to the public all expence over and above that which
may with advantage be assessed in the manner just
mentioned.

Instances and Those whose conduct is blameable excepted as above excepted such delinquents excepted
That exceptions excepted of all the members
of the political community persons engaged in litigation
are the very last to whom the burthen ought to rest: so
supposing them eased of the whole of the pecuniary part expence, still they
would remain burthened by the whole of that which may
be called the vexationary part of the expence: for that security
which non-litigants enjoy gratis, they have been
paying by this part of the expence.

This being admitted, the first suggestion is, to
transfer at once to the public, to be paid by the government
the whole of this branch of the expence.

But were this the arrangement taken the sure consequence
would be – that unless for obviating abuse the appropriate
means were employed for the prevention of abuse, abuse to an intolerable extent would
to a certainty be the consequence. On this case supposition, the game of litigation
being by parties and their assistants played for a stake by about to be made good by government,
not only would the expence of each suit be swollen to an
incalculable amount, but
suits would be created
out of nothing for the
purpose of playing for
this stake.

Identifier: | JB/055/302/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1824-02-08	Marginal Summary Numbering	24-27
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	302	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D9 / E4
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	18023
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