058-350.xml

Title: [13 Apr. 1805 Evidence Securities]

Description: 13 Apr. 1805

Evidence

Securities

Ch. Procedure Techn. Eng. Law.

''. Oppression licenced

'' Licence given /sold/ to oppression by English Procedure

After the defendant has been compelled in law language to appear in English not to appear (for it /he/ would not be suffered but to employ an Attorney, the first step is the Plff's Attorney delivers in (not to the Judge who knows any thing about the matter but to an officer who does no more than receive and keep it) an allegation in writing an instrument called a Declaration. If the defendant on his part (that is /meaning/ his Attorney) denies the matter of fact contained in the allegation, such denial is called pleading the general issue: if, as a ground for the [...?] of the demand contained in the declaration, he alledges declared facts on his part - in other words exhibits counter-allegation or allegations that is called pleading specially or special pleading.

From the exigency /nature/ of the case or by professional /managerial/ management a conceivable case is that it shall fall to the lot of the plaintiff instead of controverting the defendants fails alledged as above, shall oppose to those other facts: and that this process shall be repeated on both sides any number of times. To the possible number of these reciprocal allegations there is no determinate limit. Taken in the aggregate the art of comprizing them comprises /drawing them up constitutes/ a particular branch of lawyers practice, is denominated Special Pleading, and furnishes occupation /employment/ to a particular class of lawyers called Special Pleaders.

058-319.xml

Title: [10 April 1805 Evidence Securities]

Description: 10 April 1805

Evidence

Securities

Ch. Procedure Technical

''.2. ruling Interests

continued

9. That in all instances in which misdecision would be /is/ productive of a greater degree of professional /lawyers/ or official profit than right decision, misdecision /the wrong course/ be the course adopted in preference: if /at any rate provided/ a pretence can be found capable of reconciling /hiding from/ the eye of the public to the injustice.

Note

If, the misdecision thus pronounced to the prejudice of the [...?] party who is in the right the effect be confined to that individual suit, having open to him the expectation of right decision, that is of a decision favourable to him, in case of another suit carried on in relation to the same demand, the natural effect of such misdecision is to produce two suits instead of one /give birth to a second suit in addition to the first/.

In this interest may be found /traced/ /seen the source/ the origin of decisions on the ground of informality , or nullity /a principal source of that class of decisions which are pronounced on/: decisions on grounds of all sorts foreign to the merits. Add Appeals Injunction &.

[...?] device[?] of technical procedure: device[?] for increasing the number of profitable suits: also of the mass of profitable proceedings in each given suit. Decisions on the ground of informality.

10. That whatsoever be the amount of profit extracted from the aggregate mass of suits, by the construction of the system, the quantity of inconvenience sustained by themselves in the extraction of it, viz. in the shape of vexation and delay (vexation including labour and expense) (delay in respect of the receipt of the profit) be as small as possible.

Of these two interests, that which respects the extraction of profit may be termed the main interest: that which respects the avoidance of vexation and delay, the collateral interest.

059-214.xml

Title: [18 May 1805 Evidence Introd]

Description: 18 May 1805

Evidence

Introd.

ch. Procedure

' Effects of no of suits

Effects of a Reform in the number of suits.

Misdecision is one cause of the contravention of the ends of procedure, whether by non-fulfilment of direct ends, or by the production of one not apposite to a collateral end misdecision is a cause, and the most prominent cause. It is however not the only cause. Three other causes are alike /equally/ adequate to the production of this effect: 1. on the part of the judge non-decision: 2. on the part of the party interested in the fulfilment /accomplishment/ of the substantive law, 2. non-demand, or 3. desistmemt.

When misdecision is the cause, the station of the demandant and that of the defendant are alike exposed to receive /experience/ /bear the brunt/ the overwhelming force of the mischievous effect. Both ends of justice are alike exposed to be contravened by it: the direct end, and the ultimate collateral end.

When non-decision is the cause, the station of the demandant is that one of the two that is most obviously and most frequently exposed to receive the damage: so long as /since/ the cause /suit/ continues undecided, the demandant fails of obtaining the service, which was the subject of /prayed for by/ his demand.

Not that the station of defendant is /is altogether/ in all cases altogether unaffected by mischief /exempt from damage/ flowing from the same source. So long as the cause continues even though no further steps /operations/ with the attendant expences and vexations, be taken in it, vexation, in the shape of anxiety, still continues.

Where non-demand is the cause, the station of defendant, that is of him, who if in the instance in question the direct end of justice had been /to be/ fulfilled would have been demandant, is the only one of the two opposite stations the only one on which any sensible portion of the misfortune falls: punishment, satisfaction, propriety, right whatever it be, he fails of obtaining the object which is his due. To injustice or suffering from this source, the station of defendant is not in any degree exposed. In respect of the consequence of the demand, no room for vexation, for anxiety; for, by the supposition, no demand hath as yet been made.