date

PROCEDURE TURNP Double Costs
PROCEDURE

TURNP Double Costs

At the time I wrote this I know not (for who could have

imagined) that

in the language of the Law or rather

of as daring abuse which has eaten out the heart of Law, double means only, half as much

again

treble, half & a quarter as much again, & so

on

Thus to use the illustration of the another of an ingenious title tract.

+ which first put me on the enquiry, rr the Masters, Prothonotaries & other

Officers who tax costs, allow, when the single costs amount to £100

for double only £150 for treble, only

£175. I have been assured by Practitioners that nominal costs thus

of good

trebled, frequently come short of those actually incurred. I see no

reason to doubt the rectitude of this whereas there were who

first devised what intentions: they thought to do an act of mercy in

softening a vigorous provision.

Little do The Powers who give Laws unto this this Realm

concern that while and the exercise of this

occupying themselves as they think

that most exalted

privilege there sits that scribbler at his desk who shall turn

what they have written into Waste-paper.

Buen would have called, this construction

A few examples of this flagrancy

would be sufficient to destroy all confidence in the Law from

among

Weak reasons! who knows not, that better it was the arm of Law should

with ten-fold severity, than be loosed by their unhallowed hands

the people — Eyes are not to be trusted: Common Sense is a

deceiver: the most elementary knowledge of the plainest & most

incontestible principles of Arithmetic is an incumbrance

+ Dialogue on the Game Laws Printed for

Wilkins - 1771.

A spectacle it would be to me, I must acknowledge not unpleasing

a one because I think it would be an useful one, to see some

of these [Gentle]men who are wiser than the Laws [brought] on their knees

before an insulted Legislation to own their folly — What I

may

is here complain'd of has no application to these

Gentlemen, unless they are the first Authors who

near

occupy these departments — Custom with the possession

of their

is to them a sole & warrantable guide: & this custom

is inveterate.

[+] Whoever from knowledge of

knowing of ... this deficiency

of the recompence

desists from a prosecution, is an evidence of

a mischief

suffer'd by Public.

in the good faith of the Law engager & Whoever engages

in one

from not knowing if it engages in one, is an individual

injured

& abused.
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