date

9 March 1807 I. Shapes Misdecision
9 March 1807

I. Shapes

Misdecision

Appear is a word in common use (what word in more common use?) and so much the better suited to the purpose of being converted into a snare. This amongst so many others has been taken into technical hands, infected with technical poisons, made into a law-word pregnant with questions of law. Questions of law bred out of it may be seen in Comyns digest, solved or unsolved by propositions │ │ in number, true or false filling 12[?] 8 o pages equal to twice or thrice as many ordinary ones.

By an order signed by a Judge, a man is commanded to appear, on a day therein mentioned, at a place therein mentioned:- what is the consequence? Appearing at that same day and place, but without employing an Attorney to appear instead of him at another time and place, he is punished: employing that member of the partnership to appear at that unspecified time and place, though not appearing at the time and place commanded, he saves himself.

In process of time, the virtue of fraud having become effeté, order from such a quarter so to appear, had in the conception of a part of the people, come to be understood to signify an order to employ an Attorney. To mend the snare, the word personal has been added. At length notwithstanding the reinforced asseveration, the word is understood to have been no more sincerity in it than before. A general understanding has obtained (this at least is the best result that can be hoped for) that whatsoever comes from that quarter is undeserving of all credit: the snare has become harmless: the bugbear alone remains. To save himself from being devoured by it, a man flies of course into the arms of an Attorney.
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