date

25 Apr. 1805 Evidence Introd
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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    Such are the effects /mischiefs/ produced even without the help of Special Pleading. The effects of that additionment[?] /additional yoke/ are somewhat different. The sure and constant and inseparable result is the addition thus made (an addition altogether needless and useless) to the mass of profitable delay, vexation and expence with its attendant profit such as its effect with relation to the collateral ends of justice. An accidental but too frequent effect is the misdecision, pretences the grounds /causes/ of which accompany the process in every part of its course. To whatever points are ever presented for decision in the course of the process thus denominated /Special Pleading/, one description belongs in common: they are all of them points foreign to the merits. On no[?] part of this class The decision when it comes to be pronounced will be either in favour of the merits i.e. to the claim of that one of the parties that /who/ has the merits on his side, or adverse: if favourable, the mischief produced by the process is confined to that which is /of the/ composed of the fictitious and unnecessary delay vexation and expence: if adverse /in the opposite case/, to the mischief produced by the contravention of those collateral ends of justice is super-added that which consists in the contravention of the diverse end of justice /that which is produced by misdecision/