[...?] June 1805

Evidence

Introd

Ch. Procedure Technical

''.3 [...?...?...?]

''.3. Encreasing expence encreases profitable, as well as diminished unprofitable suits

Nor was the hearing of the Court of unprofitable suitors the only service yielded in an indirect way by the augmentation of expence.

While it diminishes just litigation, it encreases unjust /Though on both sides just litigation is /was/ diminished, unjust is /was/ encreased/: viz on the part of that one of the suitors /two adversaries/, demandant or defendant, who is able and intent and willing to pay the price set upon judicial service, while his antagonist is unwilling or unable /shut out by inability or reluctance/. A shape[?] was thus opened, and that a most public one, for the sake of /the facility of/ Oppression: and that in either of two forms, according to the texture and exigency of the customers case. In the state of things whatever wrong /injury/ be indicated he commits it in the first instance, trusting for success and [...?] and success to his adversary's list coming up to the price /[...?] from his price/ put by the man of law on the ticket he sells in the lottery /litigation/ of procedure /justice/ /litigation/. In the other case, he borrows /hires/ and employs the hands of justice, the very hands of the Judge and his associates and subordinates in the production of the mischief. In the former case indeed, the profit to the man of law is not quite so assured /enduced[?]/ as in the other; since of the party marked out for injury /[...?]/ /destruction/ be altogether without the hope /bereft of the prospect/ of being able to pay the price put upon the chance of redress, he will institute no suit: in which case the oppressor gains /obtains/ his ends gratis compleatly gains his ends, and which the man of law as compleatly loses his. But another case, and perhaps a no less common one, is - when the party injured, blinded by his own resentment and deceived by the advisor whose interest it is to deceive him /puts in the character of [...?]/, commences the /a/ suit , without power to carry it to an end. Meantime the wrongdoer, assured before hand of his being provided with a sufficient [...?] of the pecuniary means of defence, harrasses him without worry /defends /fights/ the ground week by week/ plying him all the time with those obstacles and stumbling-blocks which the man of law [...?] in /constitute the stock in trade of the shape of justice/, and from the sale of which his profit is derived: But while either side thus plays off its artillery, the other is obliged to do the same: so that in this case the wrongdoer is pays[?], does not reap /[...?]/ the whole of the profit; but admitts /shares it with/ the man of law, his instrument and accomplice, to a share.