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1827. Feby. B.
Penal Code.
Ch. Remedies.
§. 1. Costs.
1.
By costs, understand
the total expense imposed
on one person
by application made
to a judicatory by
another.
Where, in consequence
of the application, no
expense is thus imposed
by applicant, no
costs can have place.
2.
Cases where costs
can not have place.
1. Application to the
Judge for the exercise
of his eventually amendative
functions
in the case where no
person is interested
in opposition, nor
makes opposition
when called upon.
3. So in regard to the
Judges anticontestational
evidence elicitative
function.
4. So in regard to his
preinterpretative function.
3.
In so far as expense
is occasioned
by application to judicatory
for remedy
for wrong done by Defendant
to applicant,
such costs will be
reckoned among the
effects of such delinquency.
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Ch. Remedies.
§. 1. Costs.
4.
Consequently in a simply
requisitive suit,
no costs payable by one
party to the other.
But in the case of inequality
of pecuniary
circumstances, Judge
will make a proportionate
distribution of
costs among both parties.
5.
So in a purely public
suit, if expense incurred
is more than requisite
for punishment, the differences
will be borne
by the public purpose.
6.
The interests on costs
will not commence
from a point of time
so early as interest on
money, due on the score
of compensation.
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Ch. Remedies / Costs |
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