10 April 1805

Evidence

Securities

Ch. Procedure Technical

''.2. ruling Interests

continued

9. That in all instances in which misdecision would be /is/ productive of a greater degree of professional /lawyers/ or official profit than right decision, misdecision /the wrong course/ be the course adopted in preference: if /at any rate provided/ a pretence can be found capable of reconciling /hiding from/ the eye of the public to the injustice.

Note

If, the misdecision thus pronounced to the prejudice of the [...?] party who is in the right the effect be confined to that individual suit, having open to him the expectation of right decision, that is of a decision favourable to him, in case of another suit carried on in relation to the same demand, the natural effect of such misdecision is to produce two suits instead of one /give birth to a second suit in addition to the first/.

In this interest may be found /traced/ /seen the source/ the origin of decisions on the ground of informality , or nullity /a principal source of that class of decisions which are pronounced on/: decisions on grounds of all sorts foreign to the merits. Add Appeals Injunction &.

[...?] device[?] of technical procedure: device[?] for increasing the number of profitable suits: also of the mass of profitable proceedings in each given suit. Decisions on the ground of informality.

10. That whatsoever be the amount of profit extracted from the aggregate mass of suits, by the construction of the system, the quantity of inconvenience sustained by themselves in the extraction of it, viz. in the shape of vexation and delay (vexation including labour and expense) (delay in respect of the receipt of the profit) be as small as possible.

Of these two interests, that which respects the extraction of profit may be termed the main interest: that which respects the avoidance of vexation and delay, the collateral interest.