26 Jan 1805

Evidence

Securities

Ch. Procedure Natural

''. Beneficial Consequences

''. Beneficial consequences of these explanations.

If these explanations were regularly brought forward at the opening /outset/ of each cause, the day which saw /gave birth/ the commencement of the cause would in nine instances out of ten, a certain number for a purposely mendacious one, witness the conclusion of it: the expences and profit of professional assistance would in that case be on each side either superceded altogether, or confined within the compass of a single attendance so [...?], with or without a previous one in private.

When the cause, not being at that degree of simplicity was of a nature to require subsequent examinations vivâ-voce or in the correspondentual[?] way of correspondence - subsequent productions /exhibitions/ of real or written evidence, and so forth at subsequent and separate times, at any rate the quantity of delay /[...?]/, vexation and expence might be aimed at at least by conjecture, and provision made accordingly: the succeeding or at least the next succeeding times of attendance might be fixed - not as at present by blind and unbending rules, but by a measure taken from the term /at the disposal/ of the Judge, and the mutual ability in [...?] of the parties. Delay would thus take place, but only because it was unavoidable, and in proportion[?] as it was unavoidable: for the same cause, and in the same proportion, vexation and expences; and of expence that which assumed /what/ in the shape of profit to the man of law in all his varieties /various shapes/.