12 April 1805

Evidence

Securities

Ch. Procedure Technical

''.3 Objects ulterior

Every suit that takes place is with reference to each of the parties either a bonâ fide suit, or a malâ fide suit. The uncertainty of the law is the instrument by which bonâ fide suits are brought into existence /The source of bonâ fide suits, is hath just been seen, in the unnotoriety source of bona fide suits/. To the existence of Mala fide suits on the other hand the notoriety of the law, as to certain points of it is requisite: - as to certain parts of it: viz: as to /in respect of/ those arrangements from /in/ which the suitor who is not only in the wrong but himself compleatly fully /compleatly/ conscious of his being so, may behold a certainty of success.

Every suit that takes place is either a bon fide suit, or a malâ fide suit: and that with reference to each one of the parties /the party or parties on each side/. Under /To/ which of the two predicaments /descriptions/ the rest comes, /belongs, so as it do but exist,/ is in every instance a matter of compleat indifference to the man of law. The circumstance to which the distinction in this case owes its inheritance is - that different causes as will be seen are required for the production of the two effects. That in the causes requisite for the production /by which the production/ of these two effects is promoted, there is a considerable difference. Mean time

1. A bonâ fide demand at any rate commences and pro tanto constitutes a suit: therefore it is the interest of the man of law requires that the number of bonâ fide demands be made as great as possible. First object of the technical system - to render the number of bonâ fide demands of bonâ fide suits being such on the part of the plaintiff or demandant - as great as possible.

2. To the continuance of a suit, a defence is for the most part as necessary as a demand and the continuance of the demand. Second object of the technical system - to render the number of bonâ fide defences as great as possible.