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13 Apr. 1803
Procedure {or Evidence?}
Evils [...?]
Ends
Engl. Law
In a practical view (see below)
But of this principal which in the catalogue of collateral objects has received more than it due share of attention - or rather if the sacrifices made to it at the expence of the real main objects have been - in many instances disproportionate, needless, useless and inconsiderate, the same imputation can not be extended /charge will not be found extendible /applicable// to the case of the other collateral objects - expence, vexation and delay.
While, on the pretence /under the notion/ of providing for the security of the innocent, the guilty are let out without number, vexation is heaped upon suitors of all descriptions without mercy - expence without account - and delay - needless and useless - and unnecessary delay is manufactured by rule and compass, as if litigation - the bane of comfort - were the proper and principal business of life.H
At this point, for the present, we take a pause. To carry on /deduce/ yet further the genealogy of law-born evil /mischief/ - to delineate it in its various shapes - to pursue it into its various recesses and lurking holes to trace out its ulterior and more distant causes, with their respective remedies, is a task, the place of which belongs to /which will find its place in/ the topic of Procedure.
H References to Evidence Self-conviction &c - Nullities -
Uses of this arrangement.
1. A standard to try the goodness of a system of procedure by,
2 - in one country as well as another.
3. A model of perfection /A [...?] for improvement to aim at/
4 It exhausts the subject /There are no other inconveniences/
5. It exhibits /and/ the ne plus ultra of improvement /beyond which it can not go/
/These inconveniences reduced to the minimum[?], perfection is attained/
Practical instruction -
To extirpate each lower branch of the inconvenience, not on its own account merely but on that of the higher that grow out of it: Intricacy[?] for precipitation & delay; those for vexation and expence; those for wrong decision in all its shapes.
Each inconvenience furnishes a test for the whole system, and for each step. No test more simple, intelligible, familiar, conformable at once to the principle of utility, and to popular sentiment.
Similar Items
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Title: [15 Apr. 1803 Evidence 8]Description: 15 Apr. 1803 Evidence 8 Ends Ends in general In this word properties we may observe /may be observed/ another heading term which has been employed with advantage in the character of a basis of arrangement especially in any work on which speculation has pratice for its end /the theory has a practical object in view/. A system of procedure being to be established, required the properties of which it is desirable it should be possessed: the properties, concerning which it is desirable that they should be found in it. The properties /property/ desirable in a system of procedure is that it be rendered conducive to the abovementioned objects or ends:- that it have the effect of warding off /preserving the community[?]/ - or[?] as far as the nature of things admitts - from the several abovementioned inconveniences /heads of inconvenience/. Corresponding to those ends the heads /species/ of inconvenience the avoidance of which constitutes respectievly so many distinct and subordinate objects or ends. Another vocabulary, in which the positive form /phases[?]/ prdominates, may be more acceptable to some conceptions. Ends of a sustem of Procedure, six. Properties of a good system of procedure - Properties desirable in a system of Procedure, subserviency to those respective ends. 1. Rectitude of decision. Under this article are comprehended the six inconveniences of the first order: rectitude of decision consists in the avoidance of those several inconveniences - according to the nature of the cause - whether penal or non-penal - and according to the side of the cause contemplated - whether the plaintiffs or the defendants. 2. Unvexatiousness - avoidance of the inconvenience of unnecessary vexation. 3. Cheapness - avoidance of the inconvenience of unnecessary expence. 4. Promptitude - avoidance of the inconvenience of unnecessary delay. 5. Maturity - avoidance of the inconvenience of satisfaction. 6. Simplicity - avoidance of the inconvenience of unnecessary intricacy.
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Title: [[059-134 pinned to this folio] 13]Description: [059-134 pinned to this folio] 13 Apr. 1803 Evidence Ends Important as the objects of this class are, they can not with propriety be spoken of /considered/ as among the main objects of the system of procedure, and for this plain reason: they would be but the more effectually provided for, were there no such system in existence. The inconveniences to be guarded against - application of punishment where not due - imposition of the burthens /obligations/ respectively attendant on the application of satisfaction and on the collation of rights where not due the inconveniences the avoidance of which branches out into those three objects - are as so many pitfalls into which the defendant is liable to be pushed in the course of his forced excursion along this road, and against which /from which/ it is the business of the legislator and the judge to guard him by proper fences. But in that particular character his security would be the more entire, howsoever in his quality of a member of the community it would be diminished, if there were no such road through /along/ which he could be dragged. Another class of collateral objects of procedure, still wider of the main road than the foregoing ones, the inconveniences of the 2 d order, are expence and vexation. They stand excluded from the class of main objects by the consideration just spoken of as excluding the others. The same observation applies - and with equally evident propriety - to the inconveniences of the 3 d order - delay and precipitation. In a practical view the use of the distinction is, in English Jurisprudence confined to the three collateral objects of the first order; and more particularly to non-application of punishment where not due. By the almost exclusive attention bestowed upon this one object, one would almost suppose it to have been taken for the main and primary end /object/ of the system of procedure: the true main ends /objects/ punishment and satisfaction for the mischief of the offence being on so many occasions and in so conspicuous a degree sacrificed to it.
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Title: [13 Apr. 1805 Evidence Securities]Description: 13 Apr. 1805 Evidence Securities Ch. Procedure Techn. Eng. Law ''. Oppression licenced 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/
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