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15 Apr 1808
Ch.| Competition
But[?] the influence of the competition as it would have been had the competition been real and open beneficial to the ends of justice, the object of contention would have been which among the several competitions should contributed /have done most by the most beneficial//best adapted// arrangements/ with the greatest zeal and efficacy towards advancement of the ends of justice: by which of known[?] for example, the satisfaction rendered to the plaintiff having right on his side should be most compleat by which of these the defendant should be most effectually[?] guarded against entire[?] less and opposition[?] at the instance of a rash or dishonest /malignant or rapacious/ plaintiff by which of them the quantity of vexation, expense[?] and delay [...?] to the judicial process should be reduced[?] to the lowest [...?] /[...?] least dimension/.
Their[?] conclusion had no such object. In /About the/ [...?] to their grand[? instrument its /[...?] and its/ inefficacy its efficacy as to all bad purposes[?], its inefficacy as to all good ones, its [...?] /in both ends of a cause [...?]/ to all suitors its [...?] be such as they found or could make dishonest, they were all afraid: the harmony[?] was /has been/ universal and imperturbable[?]. But[?], who should have the instrument to use - that was the real /and still only considerable/ object of contention and dispute. The first that served[?] it was the Judges of the [...?] Bench, arranging[?] to [...?] the monopoly of it: then came three[?] of the Common Pleas determined to regain /[...?]/ as much as possible of the [...?] vat[?] of which they had been bullied[?] or defrauded: then came those of the Exchequer stealing[?] from both the use[?] not only of the instrument but of the branch of jurisdiction in the course and service[?] of which it was employed[?].
/applying it to the purpose of evil practice[?] to that branch of procedure in which the most [...?] case [...?] were to be found./
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Title: [26 Octr 1807 Eldon's Bill]Description: 26 Octr 1807 Eldon's Bill '.11 Procedure the same Instead of presenting a friendly competition /contention/ in that straight and simple course, what is it they have done? Travelling hand in hand in pursuit of those sinister ends which have already been /in the course of this work have/ so often been pointed out the maximum of profit combined with the maximum of care, they have by their harmonious exertions given birth to that system of elaborate /well-elaborated/ and but too successful iniquity of which the principal features have also been delineated /sketched out/. +See Lett. V under the head of Devices Not that of competition there has been any want /deficiency/: but to what object has it been directed? Preserving each of the Courts in its own system those features by which the sinister ends common to them all were /are/ served, the subject of the competition which of them by unnecessary encroachments upon the liberty of the subject in the station[?] of the Defendant, shall /should/ offer the most tempting advantages to instances in the character of plaintiff /station of Plaintiff/. By (faithful argument and) unbroken agreement and confederacy and uninterrupted co-operation a system having been thus formed corrupt in all its parts corrupt from beginning to end, disastrous to the people in the character of suitors, favourable only to that omnipotent brotherhood /fraternity/ by whom and consequently for whom it was organised, the field of competition has been scanty in the extreme and the utmost advantages ever derived or derivable from it by /to/ the suitors, proportionately minute. Not only has so far as system is concerned - not only has it in that quarter been unable to render any effectual service to the interests of justice, but even as between individuals and individuals acting under the same system its inefficacy has been in many instances as conspicuous, as its efficacy has in the aggregate of all instances been dubious Point to Eldon delays notwithstanding the competition of the Exchequer.
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Title: [6 Apr. 1808 Letter V Ch 3.]Description: 6 Apr. 1808 Letter V Ch 3. [...?] '. Another, if not the /and as it should seem/ the main object and supposed benefit of the regulations above reported, seems to have been in the learned scribes view of the matter to have been, the exonerating the time of the House of Lords of the intolerable part of the burthen which at present presses upon it. In the view /eyes/ of they the learned scribes [...?] /[...?]/ and guides such was the view taken of the efficacy of the regulations in question in ths character as to have produced a declared "persuasion, that supposing this regulation established, the number of appeals (of all sorts from all these [...?]!) could soon cease" not only to be "a grievance to the subject", but to be "a burthen to the House of Lords." As to this matter, as to such part of the supposed[?] regulations not [...?] in the introduction of appeals from interlocutors without leave of the Judges to whom injustice is imputed, its efficacy appears in some degree indeed not improbable, but in that same degree, and for the reasons just given, undesirable. for that bonâ fide appeals, and a no considerable proportion /number and/ weight may come to be prevented by it, seems but too probable. As to every other part of the proposed string[?] of reputation the utter inefficacy of it in this point of view as against the mischief here in question will be as clear, as its [...?] efficacy will be in[?] the other point of view /as against the other mischief/: the neat or portion of neat profit derivable from the wrong I mean the delay derivable from the groundless and malâ fide appeal being as charity[?] left in some states of the account, as it is taken away in others.
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Title: [26 Oct 1807 Eldons Bill '.11]Description: 26 Oct 1807 Eldons Bill '.11 Procedure the System What makes the example so much the more instructive /richer/ in instruction is that the same Courts which afford /present/ the spectacle of diversity of procedure, and of the mischiefs flowing from it, present the example of competition, and of the minuteness of the advantages, if any that have been derived from it. If amongst them any such contention had ever prevailed as which should do most for furthering the ends of justice they would long ago have arrived all of them at that simplicity that undilatory unvexatious unexpensive and at the same time /but the more/ efficient simplicity which has all along characterised the system /method/ of the Small Debt Courts, the Courts of Justices of the Peace sitting out of the Sessions[?] and the other Courts of Natural Procedure: they would long have arrived at it /that goal/, or rather they never would have swerved from it: so that /insomuch/ unexpensiveness, unvexatiousness, and so far as depended upon the system undilatoriness, being in those /these/ high Courts as in the other petty Courts in all of them alike at the pitch of perfection, the only object of contention would have been as between individuals and individuals, on each individual occasion, which Judge or set of Judges should by staving off the time for decision produce least factitious delay, be most sincerely anxious to save the suitors on both sides from all unnecessary expense [...?] [...?] most effectual that by that the operation of justice no unnecessary vexation be inflicted either on the suitors on either side or on third persons, ad be most solicitously and successively attentive to avoid doing /lending his hand to/ any of those diversified injuries to which the people in the character of suitors are subjected by erroneous decisions /misdecision/ decisions and denial of justice /to the prejudice either of the plaintiff or of the defendant's side/.
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