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26 Oct 1805
Evidence
Securities
Ch. Procedure Natural
''. Beneficial Consequences
7. Any number of causes between the same parties and touching upon the same evidence might thus bar various soever in their testimonial description or even real [...?] to be decided at the same hearing; and when it was not conclusive the evidence heard /received/ for the purpose of one cause might be employed pro tanto in any number of others.
8. In case of dubious or imperfect solvency on either side especially on the defendants +, measures may be taken for correcting dubious solvency into certain and immediate, and in case of imperfect solvency for presenting the effects /assets/ from being swallowed up by the men of law /either by lawyers/ to the prejudice of the creditors, or by one or a few creditors to the prejudice of the rest.
9. For the purpose of striking a ballance, conferring the payment to the amount of the ballance and reducing any number of suits to one, any number of counterclaims how various sources in their technical denomination or even their real nature may be if not decided upon, at any rate brought into view at once, to the extinction of that species of injustice which consists in the allowing to an insolvent person the benefit of his own claim which his insolvency, unfortunate or wilful, exempts him from the burthen of satisfying the /an/ equally rightful claim on the other side: - in other words the application of the principle of set-off would possess the whole extent marked out for it by justice, without being frittered down in an endless variety of ways by lawyers /men of law/ for the benefit of lawyers /men of law/.
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Title: [4 Aug. 1812 Evidence Introd]Description: 4 Aug. 1812 Evidence Introd Introd Ch. 26. Imprisonment for debt In the case of a claim of debt first point on each occasion to be settled /ascertained/ is - what on the part of the alledged debtor is the real cause of the resistance made by him to the demand, and thence of the suit. is it a difference /any real difference of/ opinion on /as to/ the question of right [...?] has it any share in the production of that resistance? by no other cause than a [...?] or is it an unwillingness to part with the money, or a present inability to provide it? Solvency on the part of the defendant debtor, is it out of doubt? In ascertaining this point, a few [...?] a question or two would suffice - in point of term therefore a few [...?] if put by the parties to each other in the presence of the Judge If yes, then every vexation in the shape of confinement - whether in prison or in springing[?] house, or in the custody real or fictitious of [...?] under the name of Civil, is here [...?] [...?]. Solvency[?] debtors, require [...?] rebut Co-Creditors.
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Title: [26 Oct 1805 Evidence Securities]Description: 26 Oct 1805 Evidence Securities Ch. Procedure Natural ''. Beneficial consequences 4. The mode of correspondence between the parties and the Court for the purpose of the cause /suit/ so long as it lasts /throughout the whole of its continuance/ may be settled at once /in the first instance/, without any of those [...?] of notice on the one side or supoenas[?] on the other, or expensive and yet inadequate securities against both, which under the existing systems are such pregnant sources of expence and vexation to the parties of injustice through misdecision to him who is in the right, and of business and profit to lawyers of all classes. 5. All the points in a cause will be brought forward at once for admission, or contestation, proof and decision at once, without being kept back to come out /as at present to be brought to view/ one after another in so may separate instruments of allegation for the benefit of the men of law who are employed in a variety of ways in the penning receipt, registration, examination, opposition or defence of them or in pronouncing judgment on the opposition and defence /them where thus opposed and defended/. 6. Almost all causes the commencement or continuance of which is produced by mala fides on either side would disappear out of the list: the security of each i.e. his opinion of the justness of his cause, including the truth of the matters[?] of fact on which he rests his claim counterclaim or defense, being established not by gratuitous assumption, (a) nor yet by vague declaration no general terms, (b) but [...?] not by questions put by the adverse /opposite/ party in relation to all particulars. (a) As in English [...?] Law procedure in the Common Law Courts (b) As is the Oath of calumny of the Romanists
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Title: [26 May 1804 Evidence Ch. Extraction]Description: 26 May 1804 Evidence Ch. Extraction ยง Engl. Law In the case of a delinquent /delinquency/ - of an individual presumed or suspected of delinquency, all this rigour is laid aside. The law knows /admitts/ of no other infliction in the character of a compulsive process, the law admitts of no other infliction, than simple imprisonment. What is the consequence? that in many cases a long protracted course of suffering is produced - a long remainder[?] of life filled not infrequently with bitterness, and the object in view not compassed / / after all - : the quantity of suffering augmented, and the whole of it thrown away. Many a dishonest debtor in whom the juryman's torture would have produced immediate compliance, carries the fruits of this dishonesty with him to prison, and there consumes them, in defiance of his injured and impoverished creditors. In the case of bankruptcy, i.e. commercial insolvency non-responsion and false-responsion is /are/ indeed as far as concerns the concealment of effects /assets/ applicable in satisfaction of debts, made punishable and punishable with death; but even here the distant and eludible punishment is preferred to the unelludible and instant compulsory infliction; and in cases of non-commercial insolvency, and in all other cases in which evidence is supposed to be extracted simple imprisonment and that alone is applied, and is the only [074-427/2] infliction applicable. This infliction is indeed susceptible of prodigious variation, under the same name variable upon a prodigiously extensive scale: depending upon the localities of the prison - the accommodations afforded by the prison, and the exterior appendages /territory/ annexed to it: but the variations depend upon accident, are the result /product/ not of justice /wisdom/ but of negligence and in practice are not applied, nor indeed capable of being applied with uniformity to this purpose.
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