11 May 1805

Evidence

Introd

Ch Collateral Incidental

'.6. Expence

Vexation (it has already observed) can not be transferred to /from/ a different seat /seat to seat/ without changing its nature /shape/: expence may without any change in its nature go round the world without any change or shape: although, according to the situation of the person on whom it falls, the degree of its pressure[?] is susceptible of variation on a very large scale.

In the case of expence this transferability is a happy circumstance /fortunate property/. the quantity of suffering ultimately pressing upon the community taken together is in some instances /cases/ lessened by it. Suppose that in this or that instance, the conduct of a party has been such as to create a demand for punishment. Give to the punishment the form of pecuniary punishment, the produce[?], if suitably applied, the produce[?] by being made over to the persons damnified or otherwise vexed on the occasion of the suit, the produce[?] of these suitably applied, annihilates so many lots of vexation, which otherwise would /with the pressure of which society would otherwise/ have continued to be afflicted. Such is the end of that allowance which in the practice of the English law is for shortness expressed by the name of Costs[?].