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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.
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Title: [11 June 1805 EVID. B. Securities.]Description: 11 June 1805 EVID. B. Securities. Ch. Procedure Technical. S. Nor confrontation. Falsehood encouraged by law Agents for want of confrontation. 1. English law, incouragement to mala fide suits and defences by the multitude of Law-Agens interposed between the party and the Judge. 2.
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Title: [10 April 1805 Evidence Securities]Description: 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.
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Title: [25 Apr. 1805 Evidence Introd]Description: 25 Apr. 1805 Evidence Introd Evils Causes Ch Sinister? '. 2. Non-Notoriety Mala fide suits - whether on the part of demandant or defendant - mala fide demands, mala fide defences - are but the too frequent and too natural /the natural and but too frequent/ effects of those self-regarding and dissocial affections which are inherent in the species, and even necessary to its existence. Make, in favour of as many good customers as can be found, as many mala fide suits as can be made, and whatever injustice and oppression isthus produced, set it down to the account of human nature. 1. Delay, unavoidable delay is /in different quantities is unavoidably/ produced by the influence /operation/ of a variety of causes. Make /Create/ on all favourable occasions as many delays as can be made productive of profitable expense, and set them down to the account partly of the adverse powers of Fate and Accident /Fortune,/ /nature of things,/ partly to the account of the caution and deliberating wisdom of the Judge 2. Complication, with its attendant portion of intricacy and profitable expence is likewise in different degrees produced by the operation of a variety of causes. Add to the complication by all imaginable means - introduce into suits that have nothing complex in their nature the expensive and profitable proceedings with their attendant vexations and delays which /as/ would be requisite in the most complex suits, and set down to the account of natural and necessary complication the factitious mass thus fabricated.
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