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3 March 1804
Evidence
Securities
Ch. Procedure Technical
Declaration of bona fides
Examples
The torrent of mendacity has thus far been checked. But by the degree and mode in which the check has been applied, it affords a much more /less/ copious indication of the [...?] and industry /indifference and negligence/ of the legislator, it there were any such person, in the numerous and extensive instances in which neither this nor any other /it has not, any more than any other/ has been applied, than in the few and scanty instances in which it has ben applied.
On a general view, all these patches are but so many partial [...?] and those most palpably as well as deplorably inadequate to the manifest and only adequate /effectual/ remedy - personal appearance of the /both/ parties, in the face of each other and of the Judge, at the outset of the cause, in readiness to declare each at his own instance, and to be made to confess each at the instance of the adversary, under the sanction of an oath, whatsoever facts are pertinent to the cause, and the respectivity within their knowledge.
This and this alone saving only the few and [...?] exceptions which casual necessity prescribes - this and this alone is righteous and honest judicature: every thing else /other commencement of a cause/ had professional extortion for its object, has injustice - direct and collateral - injustice in all its shapes for its effect: direct, but too frequently; collateral in its triple shape of vexation, expense and delay constantly and invariably.
Similar Items
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Title: [24 March 1805 Evidence Securities]Description: 24 March 1805 Evidence Securities Ch. Procedure Technical Thus it is that the man of law possessing /comprizing/ in his own breast every endowment every condition necessary to the accomplishment of the work of mischief and injustice /deeds of darkness/, inclination, power, appropriate knowledge, has on different occasions pursued /organized/ the game of injustice through roads somewhat different: for the sake of profit /thus[?] proportionably attached/, he has created in factitious and abundant masses the mischief of expence vexation and delay: and thus he has travelled /laboured/ in opposition to the collateral end o justice. For the sake of the profit to be extracted in a second /an expected subsequent/ suit, he has decided against /the merits that is against/ justice in a first suit /preceding one/, and thus he has run counter to the direct end of justice. In the [...?] hope of a second suit by the substitution of [...?] to the refuted evidence - for this cause, or perhaps through mere indifference giving way to the first impulse, by excluding evidence he has excluded justice: and thus for mere want of thought, as the [...?] whistled he has run counter to the same ends and stumbled upon injustice. Less[?] for want of thought, as there /above/ by dint of thought, he has run counter to the same ends.
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Title: [21 April 1804 Procedure. Evidence]Description: 21 April 1804 Procedure. Evidence Each (it may be said), has its advantages; each its disadvantages: each is conformable to justice. But in the regular mode, /it is to/ the interests of direct justice are most principally [...?] /that the greatest regard is paid/; in the summary, to the interests of that sort of justice which is opposed to collateral inconvenience and injustice. To a certain degree the two opposite contrasts are irreconcilable: in each instance the decision is made, as it ought to be made on that side which is attended with the smallest inconvenience, with the largest balance on the side of preponderant justice. Such may be the argument in favour of the established [...?] division and nomenclature. It might be confirmable /agree with the fact/ to the truth of the case if the cases [...?] in the mode called summary were the simple cases, as above described: if in this mode called regular no cases were determined but the cases above described under the name of complex, and the mode were adapted to /employed were in each individual instance the mode/ such cases. But the case determined in the mode called summary are cases of this and that sort - [...?] of this or that particular description: choruses[?] /demands/ of money[?] brought forward on this or that particular ground: cases determinable in this or that particular judgement-seat Court established for that purpose. The consequences - the practical ill consequences of the arrangement expressed by this nomenclature are accordingly such as have just been [...?] of: /brought to view[?]: in the procedure/ to the cases called summary, the benefit of such regulation as was claimed adequate have been /necessary to direct question/ deserved: or to cases in the procedure called regular, [...?] degree of dispatch as in the instances where the cases they have fallen under the above-mentioned description of simpler cases might have been given to them, has been refused.
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Title: [April 1804 Evidence Forthcomingness]Description: April 1804 Evidence Forthcomingness Ch.2. Means Courts Feature 1. Sittings uninterrupted. 1. First as to the uninterruptedness of the sittings of the court. That in a Court of original and general jurisdiction no internal of inaction /incapacity for action should take place, isa topic that has been /will be/ fully handled elsewhere + /of a vacuum/ Not a day scarce an hour can take place without a certainty of collateral injustice, in the shape of vexation and delay - without a danger of direct injustice: of failure of justice or undue decision - and that for this very cause there in question, want of evidence. Evidence,in some instances may be had at any time: in others, it presents itself only for a moment only, and if not taken /arrested/ at that moment, it is gone for ever. This truth /consideration/ this important truth will be brought more particularly to view in the two succeeding chapters. + + Rationale of Procedure + Ch 6 Investigational Ch 9 Appearance Extraord y
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