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24 March 1805
Evidence
Securities
Ch. Procedure Technical
Such has been the end, the sinister end to the attainment by which the generations of the man of law, the constructor of the technical system, as will be seen, have all along, but more especially at the commencement been directed. Such the sinister the illegitimate end of judicature: what then it may /will naturally/ be asked is its relation, whence its opposition to the straight, the legitimate ends of judicature, the ends of justice? The question is a reasonable one, and the answer is as follows -
What is profit to the man of law is expence to the suitor: the object /subject matter/ /thing/ the same, the name only different /denomination above diversified/, according to person in /with/ relation to whom it becomes the subject of discourse. The difference is that of the money that on an occasion of this sort in the shape of expense goes out of the pocket of the suitor, it is not /seldom/ the whole, seldom more than a part that in the shape of profit, goes in to the pocket of the man of law.
This difference this deficiency is matter of misfortune to the suitor to the whole amount of it. The suitor lying altogether at the mercy of the man of law, the expence /expenditure/ actually imposed has in a great measure been created and imposed by him on purpose, for the sale /purpose/ of the profit to be extracted from /out of/ the expence /expenditure/. But as the quantum of the expence being created by the man of law, has been dependent upon his pleasure, though under this condition that no more than a certain part of it a certain proportion of it can in the shape of profit be swept by him into his own pocket hence it is that the suitor has every where in the hands of the man of law, the sovereign arbiter of his job, found himself in the situation of an unexperienced employer in the hands of a dishonest Architect, paid by a per centage in proportion to the expenditure: for every penny which the trustee puts /can put/ into his own pocket, he finds himself under the necessity of taking another or perhaps a /an indefinite/ number of others out of the pocket of the unhappy principal.
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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: [29 March 1805 Evidence Securities]Description: 29 March 1805 Evidence Securities Ch. Procedure Technical Between the interests of the suitor /man of law/ and those of the man of law /suitor/ between the interests of those /the architect, and the interest of the person/ for whose use and benefit the system was supposed to be constructed, there has been at all times but more particularly at the time when the first foundations of it were laid, a most decided and almost [...?] opposition. Like other architects, this sort of architect received or was supposed to take, a profit upon his work. This profit was not only, to a considerable part of it, if not the whole, so much taken from the suitor in the shape of expense, but it was so arranged /extracted / /in such manner extracted/ as to go on encreasing along with the remaining part of the aggregate mass of expence.
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Title: [15 April 1805 Evidence Securities]Description: 15 April 1805 Evidence Securities Ch. Procedure Technical ''. Allegation is Evidence Instead of 12 years' income propose to ground a decision bereaving the defendant, though it be but of 12 day's income, by a decision grounded on ex parte information in the shape and under the name of evidence, and under all the securities against falshood and deception that are regularly brought to bear upon whatever goes by the name of evidence, a man of law will /would/ stand aghast at the injustice: - bereave him of 365 times the amount or by a chain of decisions or preestablished arrangements having the effect of decisions, bereave him of 365 times the amount, on the ground of a bare allegation to which none of the securities against falshood and deception are suffered to apply, all this is perfectly right, consistent with the dictates of justice because consistent with the established course of judicature, and thence we are to understand of course, with the dictates of what goes by the name of justice. Whence this[?] inconsistence? Whence this unsurmountable /invincible/ scrupulosity in the one case, this boundless facility in the other? from this, that because the exposing a man in the way in question to the chance of being unduly bereaved of the value of 12 day's labour, would besides the discredit that it might reflect upon the operations /arrangements/ /administration/ of the man of law deprive him of the profit attached to the admission of evidence on that side. Whence this boundless facility in the other case? - From this, hat by /from/ his being dragged from the beginning to the end of the course of technical procedure bereaved of /out/ the value of 12 years' labour which has been squeezed out of him by the time that he has been dragged from the beginning to the end of a course of technical procedure, a great part, perhaps by far the greater part has been determined[?] by the multitudinous hands to feed the multitudinous mouths of the man of law. + Such then are the properties given to the [...?] /initiator/ of allegation - the instrument by which any man, as is [...?] given to it by any other man. be dragged through a suit at law. It is evidence, and it is not evidence: yes - evidence for the purpose of determining the fate of the adverse party, and with a degree of efficiency not allowed even to the strongest evidence: no. it is not evidence, to any such purpose as that of being subjected to any of the checks to which evidence is subjected.
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