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24 March 1804
Evidence
Securities
Ch. Procedure Natural
''.7. Extensions for Distance
By a sort of loose preconception, and antecedently to any close investigation of the subject, it will be understood /conceived/ at half a glance, that in comparison of the first mode, the second is but a [...?], and again the third in comparison of the second: and that in proportion to their deviation from the all comprehensive and all efficient simplicity of the first, the two others have but /been/ divested of a portion of their efficiency with regard to the ends of judicature: that in the instance of the 2 d a certainty of additional delay vexation and expence, together with a chance of misdecision, over and above what /any that/ have place in the first: and that in the instance of the third, the diminution of the probability /[...?]/ of right decision - no other words the encrust of the probability of misdecision is the certain result, and the encrease of the quantum of delay vexation and expence, a further contingent, but /yet/ natural enough and but too probable result.
In these deviations from the present standard /model/ we see the result of necessity, as above explained /particularized/, and we see all the deviations that are capable of being justified on that ground /that can vouch necessary for their warrant and sufficient cause/. All the observations that in any way can be shewn to be subservient to the ends of justice - to the legitimate ends of judicature. Total[?] The[?] protraction[?] of this same cause is all that is necessitated by the source of [...?]
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Title: [24 Mar. 1805 Evidence Securities]Description: 24 Mar. 1805 Evidence Securities Ch. Procedure Natural ''.7. Extensions for Distance The above may be sen a slight /general/ outline of the natural system of procedure, in the first place in that original and most simple form or modification in which it coincides altogether with domestic judicature, in the next place in the two modifications of it which under corresponding circumstances, have necessity[?] that is avoidance of preponderant delay, expence and vexation, for their cause. The filling up of this outline the full development of this system in its leading /essential/ feature the efficient[?] causes of its utility - of its submissive /its exclusive/ subservience to the ends of justice - will constitute the business of the present book: understand of such parts of the system - of such of the arrangements comprized in it, as have for their main object, the accomplishment of the direct end of judication, right /just/ decision, avoidance of misdecision: those which have for their object the accomplishment of the collateral end of judicature in any of its branches - viz: the reduction of inconvenience in the shape of delay vexation and expence to its least dimensions will no otherwise be brought to view here, than in as far as they are inextricably connected with the arrangements subservient to the direct end as above described /indicated/: by a shred [...?] their plan will be found in the Rationale of procedure.
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Title: [24 March 1805 Evidence Securities]Description: 24 March 1805 Evidence Securities Ch. Procedure technical Thus it is that in the very nature of the case /things/ between the interests of the suitor, in other words the ends of justice, the legitimate ends of judicature, and the sinister ends of the man of law, the illegitimate ends of judicature, there is a wide and most unhappy difference, a strong and almost irreconcilable opposition: and the party /parties/ bound by the arrangements being altogether at the mercy of the author /authors of those same arrangements/, the consequence of this disastrous state of things, and the fate of the weak /weakness/ thus lying at the feet o the strong, may without much difficulty be deduced from the general principles of human nature: and whatsoever conception /inconception/ may thus be formed a person will receive but too ample confirmation from demonstrated experience. Vexation and delay (understand vexation distinct from and superadded to expense) are in conception distinguishable from expence: but in reality so intimate is the connection between the three modifications of the inconveniences /mass/ attached to judicature that a portion of either will seldom be produced, but a /that a fresh/ portion of each of the other will be found adherent to it. Of the nature /[...?]/ of this connection, more will be said in another place: at present,suffice it to bring to view /just to notice/ the existence of it. Thus it is that to produce a given quantum of profit to himself, the man of law has found it either necessary or at least convenient to impose upon the suitor not only an expense to the same amount, but an expense frequently to a much greater amount, aggravated by a mass of inconvenience in the shape o vexation and delay, (not to insist upon the collateral vexations showered down upon third persons without number or licence[?]) to a state greater amount.
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Title: [20 Dec r 1806 Evidence To L d Grenville]Description: 20 Dec r 1806 Evidence To L d Grenville 1 Proposition 1 Letter 1 st Interest of the people and ends of justice: prevention of misdecision and failure of justice: prevention /reduction/ of delay, vexation and expence, in each instance to its least dimensions, over and above that quantity of evils which in each instance is necessary to the prevention of the other greater evils: interest of the lawyers, and at the head /above all/ of them of the Judges - interest of lawyers, and consequent end /thence intent/ of judicature profit and so far as comparable with profit, ease: increase of delay vexation and expence to its greatest dimensions; if expence for the sake of the profit extracted /extractable/ out of it, and rising in proportion with it, delay and vexation as inseparably attached to the multiplication of instruments and operations, sources of the expence: ease, as far as compatible /combinable/ with profit, ease: next to profit in the order of affection[?] to profit, ease ever ready to be purchased, and upon every occasion purchased, when purchasable at so reasonable a price as the sacrifice of the ends of justice. Vices of the system of procedure, misdecision /frequency of misdecision;/ and frequent failure of justice: exuberance of factitious delay, vexation and expence.
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