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14 August 1804
Procedure
False Ends
Points adverse
dilatoriness
----, affords another point, less obvious but not less ---- in which by a certain degree and disposition of o
There is another ------, less obvious but not less real in which the man of law has an interest in the production of delay - unnecessary and factitious delay - and that is ease personal ease and relaxation. If without any diminution or without any material /adequate/ diminution in the total mass /sum total/ of extractable ------, certain portions of the year can be set apart in which the man of law shall be free from labour, so much of this time of comfort and amusement as can be created, in so far the interest of the man of law must it is evident be served. But served in this way it is not profitable it should be , but at the expense of justice. The one or other party, always and frequently to both all delay is injustice while it lasts. + While the time of the lawyer /man of law/ is filled with amusement, the time of the injured suitor is filled with bitterness. The interest which the man of law has in the quantity of delay thus produced, is therefore beyond dispute a sinister interest: an interest to which so far as it prevails, the interest of the community is made a sacrifice.
Nothing but overgrown, unrestricted and ------ power, too confident in its own stability to vouchsafe ears to listen to the wailings of the miserable oppressed could ever have thought of giving /------ to give/ at the expense of all mankind a moments pampered repose to the well /richly/ paid labours of the man of law. The physician has not such play-time: even the priest, how great soever and how unequal the indulgence he -------/which in sum ---------/ of the ---- ----, the ----- of the physician's /medical/ practice are based in the same grave.
---- as such periodically greater /------/ or ------- indulgence as the man of law in more --- ----- ------ been ashamed to give himself.
+ Suprà B.L.Ch.
Similar Items
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Title: [14 August 1804 Procedure Evils]Description: 14 August 1804 Procedure Evils Cause Lawyers' interest dilatoriness 2. Dilatoriness By delay, separately considered the separate interest of the man of law is not served /promoted/ but rather disserved. The quantity of ------- extractable out of a given cause being given, the lawyer ---- ----- of time over which that ------- is about to be spread, the less is its present value. But it /delay/ is the property (as will be seen) of delay /is naturally pregnant/ to give birth to incidents: incidents many of which not all will either naturally be, or will have been ------, productive each of its expence to the suitor, each of its profit to the man of law. Moreover whatever state of things is productive of factitious and unnecessary delay, will in other ways be found productive of unnecessary and factitious expence, that part in the profit of which the lawyer will never be without his share. And é conversó no improvement (for the extension of ------- improvements is in so far true) could operate in removal of the factitious and unnecessary delay, that would not operate (operate of course and unless measures can be taken on purpose to prevent such its operation) in reduction of the aggregate mass of factitious and unnecessary expense, that part which included in the shape of profit goes into the pocket of the man of law.
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Title: [14 August 1804 Procedure False]Description: 14 August 1804 Procedure False ends Points adverse Expensiveness 1. Expensiveness: viz: in respect of that part /portion/ of the which goes in toto into the pocket of the man of law. 2. Expensiveness again: viz: in respect of all those parts of the expense - which to not themselves go into the pocket of the man of law, but are so contributed and -------, that the disbursement of them is necessary to the disbursement of those other parts which do go into the pocket of the man of law. In respect of the above portion of the expense the interest is direct and manifest /obvious and indubitable/. Others there are in respect of which the interest is less clear and decided: the case being such that by a given /lot of/ expense, to an amount not susceptible to liquidation, a man gains or stands a chance of gaining in one way, what he loses or stands a chance of losing in another. 1. In regard to expenses which neither go into his own pocket nor are necessary to any others that do, upon a first view that lawyer is no gainer, after an ulterior view /----- ----- -----/ he is a loser. He is a loser, because the more a man is made to pay to other people /forced to expend in other ways/, the less he can afford to pay to lawyers. In another way, this seemingly unprofitable /wasted/ expense is not altogether without its use to the man of law. The general principle and practice of imposing upon suitors factitious and unnecessary expense is sanctioned by it if the aggregate mass of factitious expense in particular share that goes into the pocket of the lawyers is covered by it.
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Title: [15 August 1804 Procedure Lawyers]Description: 15 August 1804 Procedure Lawyers' interest '2 Points common 2. ------ of justice by wrongful decision 1. judge In one case the personal interest of the judge in other respects, and in particularly in respect of pecuniary circumstances well defined /more or less/ upon less reputation - will be served by the goodness of his reputation - will be disserved by the badness of his reputation - even in cases where the ----- and degree of disservitude is far from rising so high as to endanger his security against punishment. This case is - where there are two or any greater number of courts to each of which one and the same cause is capable of being brought at the option of one or other of the parties, and especially of the instrument of the judge ---- and full with the number of cause brought into his court. In the case here supposed there is a manifest /the state of things //nature of the case// creates a natural/ competition, between court and court, for endowment(?) of instrument(?) be at stake at any rate for the praise of justice and bearer of good judication. When instrument(?) is at stake, to an amount worth regarding, the interest is obvious, the competition keen. ------ his ---- instrument is at stake, the interest will be ------ - the competition more or less ------ and perceptible, according to as the course of judicial proceedings is more or less public, and the attention paid to it more or less general and anxious /and general/: on the part of the individual according to the comparative strength of ----- and ------ in his mind the love of reputation and the love of ease.
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