date

10 April 1805 Evidence Securities
10 April 1805

Evidence

Securities

Ch. Procedure Technical

''.3 Objects ulterior

9.1. A malâ fide demand makes a suit as much as a bonâ fide demand: therefore, it is the interest of the men of law requires that the number of malâ fide suits /demands/ be made as great as possible. Third object of technical procedure - to encrease /render/ the number of mala fide demands. of mala fide suits being such on the part of the demandant /plaintiff/ as great as possible.

10.2. A mala fide defence continues a suit as much as a bonâ fide defence: therefore it is the interest of the man of law requires that the number of mala fide defences be made as great as possible. Fourth object of technical procedure - to render /encrease/ the number of malâ fide defences - of malâ fide suits being such on the part of the defendant, as great as possible.

11.3. The quantity of profit extractable, in a given space of time, from the aggregate number of suits, being given, it is the interest of the man of law that the number of suits carried on within that time should be as small as possible: since whatever labour is not attended with profit, is needless. Fifth object of technical procedure, to render as small as possible the number of suits carried on by those whose capacity of expence affords no profit, or inferior profit as small as possible: in other words to exclude as much as possible the poorer classes, that is the great majority of the people, from the benefit of justice: - to place the great body of the people in a state of perpetual outlawry. N.B. This effect takes place in a considerable degree, without the necessity of any exertions directed to this special purpose /specially directed to this purpose. The greater the quantity /quantum/ of expense created, the less the number of those whose circumstances enable them to support it.
Similar Items
  • Title: [12 April 1805 Evidence Securities]
    Description: 12 April 1805

    Evidence

    Securities

    Ch. Procedure Technical

    ''.3 Objects ulterior

    Every suit that takes place is with reference to each of the parties either a bonâ fide suit, or a malâ fide suit. The uncertainty of the law is the instrument by which bonâ fide suits are brought into existence /The source of bonâ fide suits, is hath just been seen, in the unnotoriety source of bona fide suits/. To the existence of Mala fide suits on the other hand the notoriety of the law, as to certain points of it is requisite: - as to certain parts of it: viz: as to /in respect of/ those arrangements from /in/ which the suitor who is not only in the wrong but himself compleatly fully /compleatly/ conscious of his being so, may behold a certainty of success.

    Every suit that takes place is either a bon fide suit, or a malâ fide suit: and that with reference to each one of the parties /the party or parties on each side/. Under /To/ which of the two predicaments /descriptions/ the rest comes, /belongs, so as it do but exist,/ is in every instance a matter of compleat indifference to the man of law. The circumstance to which the distinction in this case owes its inheritance is - that different causes as will be seen are required for the production of the two effects. That in the causes requisite for the production /by which the production/ of these two effects is promoted, there is a considerable difference. Mean time

    1. A bonâ fide demand at any rate commences and pro tanto constitutes a suit: therefore it is the interest of the man of law requires that the number of bonâ fide demands be made as great as possible. First object of the technical system - to render the number of bonâ fide demands of bonâ fide suits being such on the part of the plaintiff or demandant - as great as possible.

    2. To the continuance of a suit, a defence is for the most part as necessary as a demand and the continuance of the demand. Second object of the technical system - to render the number of bonâ fide defences as great as possible.
  • Title: [17 June 1805 Evidence Introd]
    Description: 17 June 1805

    Evidence

    Introd.

    Ch. Procedure Technical

    ''5. Exclusion of Parties [...?]

    Here then we have separate & distinguishable five distinct masses of advantages reaped by the lawyer from every penny of factitious expence added by him to the expence naturally attendant on the system of procedure: - 1. immediate pecuniary profit: viz the amount of the profit extracted by him out of that expence form the suits which it has not had the effect of preventing - the number of profit yielding suits remaining the same: - 2. case, by the amount of unprofit yielding suits prevented by it. 3. pecuniary profit produced in a less immediate way by the encrease in the number of profit-yielding suits - amount of mala fide oppression suits, mala fide demands and mala fide defences, suits produced by the man of law by selling the irresistible faculty of oppression to every wrong doer who finding his adversary, destitute of the faculty of assistance is able & willing to come up /make the purchase/ to the vendor's price - 4. convenience of acting in pleasant company - 5. convenience of not being troubled by unwelcome company.
  • Title: [15 June 1805 Evidence Introd]
    Description: 15 June 1805

    Evidence

    Introd

    Ch. Procedure Technical

    ''.4. on the part of indigence

    The mischief that can not be expressed can not be guarded against /averted/, at least by any exertion of legislative industry /wisdom/. Let the name employed for the designation /expression/ of the suits or proceedings planned or carried on on one side or other in the express view, and for the express purpose of oppression, be called /distinguished by the denomination/ malâ fide suits. or proceedings: and on the part of any person planning or carrying on any such suits or proceedings with any such views, let the act of carrying it on be called malâ fide litigation.

    Malâ fide litigation will accordingly be distinguishable into mala fide demand and malâ fide defence: under which last denomination must be included malâ fide aggression out of court and previous to any suit, but in prosecution of an eventual design of malâ fide defence.

    Mala fides again, when on the side of the defendant, may be the resource either of overbearing opulence, or of desperate or overweening[?] indigence. On the plaintiffs side, it can never be resource of indigence, except in expectation of finding still greater indigence on the other /defendants/ side: in which case on the side of the plaintiff, though there is no absolute, there exists, in opinion at least, relative opulence.

    In general in a malâ fide suit, as thus described, the mala fides will be only on /confined to/ one side: that of the demandant and that of the defendant or eventual defendant as it may happen. The /an intentional[?]/ wrongdoer marks out an intended victim for his prey.

    But the case of mala fides on both sides, though not the most natural and frequent case, requires to be mentioned as a possible one, the [...?] as it is by no means an unexampled one: two vultures, each thinking to encounter /strike/ a pigeon, encounter each other in the stead of it /its stead/.