date

24 March 1805 Evidence Securities
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: [24 March 1805 Evidence Securities]
    Description: 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.
  • 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.
  • Title: [April 1805 Evidence Ch. Ends]
    Description: April 1805

    Evidence

    Ch. Ends 3. Delay

    ' 3. Necessary

    It comes next to be shown why delay and precipitation are separated, as above, from the preceding heads of inconvenience, and placed in an inferior rank. It comes accordingly to be shown that in these heads of inconvenience, though different in name, no separate results are contained, distinct from those already exhibited in the form of inconveniences of the first order.

    In the penal branch one effect of delay so long as it lasts is the non-application of the punishment where due: thence the disfulfillment of the prediction - the prediction of the substantive branch of the law - by which, for the prevention of delinquency the application of the appointed lot of punishment in the event of delinquency has been announced. Delay of punishment is impunity while it lasts.

    So again in the non-penal branch; as well as in the penal, as far as satisfaction is concerned. Delay of justice is denial of justice while it lasts.

    But the whole process of procedure - in the penal branch or especially - is in its very nature a vexatious process. Vexation is the accompaniment and the result of every step that comes to be taken in the course of it. The different shapes in which the monster juridical vexation displays itself have just been brought to view. AS the delay extends itself, so does the vexation. Delay moreover breeds incidents: every portion of delay is pregnant with these evils: each incident brings on its group of vexations: each incident too breeds fresh delay, and each delay more incidents.

    [marginal note demand for expense] As it is with vexation in other shapes, so it is with vexation in its most prominent shape, expense. AS the delay extends itself so does the expense. Delay breeds incidents: each incident is pregnant with expense: each incident breeds fresh delay: and each fresh delay more expense.