26 Oct 1805

Evidence

Securities

Ch. Procedure Natural

''. Beneficial Consequences

7. Any number of causes between the same parties and touching upon the same evidence might thus bar various soever in their testimonial description or even real [...?] to be decided at the same hearing; and when it was not conclusive the evidence heard /received/ for the purpose of one cause might be employed pro tanto in any number of others.

8. In case of dubious or imperfect solvency on either side especially on the defendants +, measures may be taken for correcting dubious solvency into certain and immediate, and in case of imperfect solvency for presenting the effects /assets/ from being swallowed up by the men of law /either by lawyers/ to the prejudice of the creditors, or by one or a few creditors to the prejudice of the rest.

9. For the purpose of striking a ballance, conferring the payment to the amount of the ballance and reducing any number of suits to one, any number of counterclaims how various sources in their technical denomination or even their real nature may be if not decided upon, at any rate brought into view at once, to the extinction of that species of injustice which consists in the allowing to an insolvent person the benefit of his own claim which his insolvency, unfortunate or wilful, exempts him from the burthen of satisfying the /an/ equally rightful claim on the other side: - in other words the application of the principle of set-off would possess the whole extent marked out for it by justice, without being frittered down in an endless variety of ways by lawyers /men of law/ for the benefit of lawyers /men of law/.