058-365.xml

Title: [4 July 1804 Procedure & Evidence]

Description: 4 July 1804

Procedure & Evidence

Note

Introd

Ch. Proced. Technical

So far as it rests upon the parties, expence, like vexation, besides being in itself an evil, is an /so/ evil in the character of a cause of other evils: viz: the evils opposite to the several ends of procedure before mentioned. In this character /its prospect[?]/ /[...?]/ the mischief flowing from it will be found much more serious /heavier/ than that /any/ which belongs to it considered in itself, and independently of all consequences. But in this ulterior character it will find its place under a separate head.

The epithet technical is not unknown to the existing system of procedure. Among English lawyers Applied to the word reason, it is in familiar use. On all these occasions /every such occasion/, technical as put /employed/ by euphemism, instead of sham or nonsensical. Connected with this epithet, whatever be the reason, that is the assemblage of words given under the name of reason you will find it on which by a sad [...?] either stark nonsense, or best, /or (what comes to the same thing a mass of words /a proposition/ altogether inclusive and irrelevant: suits /a proposition/ as nothing but power, and prejudice begot /begotten/ by power could have secured from universal contempt, such as never would have passed for a reason without the support given /granted/ by common law, such as would not in any /on the ground /in the field/ of any other branch of science, a/ if the common occasions of life pass for a reason upon any man /man woman/, or child, not so much as upon the man of law himself who uses it by whom it is honoured with that name.

059-271.xml

Title: [6 July 1804 Procedure & Evidence]

Description: 6 July 1804

Procedure & Evidence

Note to p.7

Evils causes

4th Order

4. Uncertainty

Considering men /a man/ in the character of person capable of becoming offenders, the non-notoriety and uncertainty on the part of the law is productive of another evil, which requires to be distinguished from that which is a present on the carpet. It is the cause of a man's transgressing the /a/ law by which an obligation is imposed upon him, or not availing himself of the service proffered to him, by a law which has invested him /by which he stands invested/ with a right. This evil, though as serious and prolific an one as any, comes not within the design of the present work: since it does not run counter to - it does not obstruct the attainment of - any one of the ends of procedure. It does not disfulfill any of the predictions delivered by any branch /in any part/ of the substantive part of the law: it does not cause punishment not to be applied where due, or to be applied where not due: satisfaction not to be rendered where due, or to be rendered where not due: rights of any other kind /understand consummate rights/ not to be conferred where due, or to be conferred where not due.

059-252.xml

Title: [5 July 1804 Procedure & Evidence]

Description: 5 July 1804

Procedure & Evidence

Evils

2d order

'.3. 3. vexation 1. to plff

 This after expence?

7th /7th on the list of/ independent evils of the (-----) first class the ------- evil of vexation. Viz: to the parties to the cause, and to the plaintiff or demandant. (a)

The immediate causes or elements or causes.

1. Natural causes labour of mind and loss of time by steps necessary to be taken independently /exclusively/ of ----- additions by the party in question preparatory to or for the purpose of laying before the judge the grounds of the demand or the defence the full ------ of the party, will be the services demanded at the hands of the judge.

1. Attendance at the seat of judicature - and the several subordinate offices.

2. On the professional advisors and assistants - in case of any need, real or supposed, for such advice and assistance.

3. On the persons whose service is needed in the character of witnesses, or persons having the custody of real or written evidence /----- evidence/.

4. Arrangements (if any) necessary to be taken for securing the justiciability of the adverse party.

5. Arrangements (if any) necessary to be taken for securing the forthcomingness of the evidence - in its several modifications, corresponding to the several sources from which it is capable of being extracted. +

6. Journies to and from the places at which the several lists of services, ----- to the above objects are to /require to/ be rendered or applied for.

7. -----ity of ----, by reflection on the natural uncertainty of the cause and of the suit, and on the choice of the arrangements to be taken for the rendering of it favourable.

(a) Note (a) Depending upon the unstable structure of language the distinction between the object itself, and its cause or the several parts of it and its causes, will not always be altogether clear, or worth much expence of words, to render so. Warning of the want of clearness will in general be sufficient to prevent any such confusion as could lead to practical inconvenience.

The difference is no wider than that between the ---ial cause and the efficient

+ Reference --- to evidence.