14 June 1805

Evidence

Introd

Ch. Procedure Technical.

Of these, the burthen of expence and vexation, the evil opposite to the collateral incidental ends of justice, is a quantity which in comparison of the other is little /but in an inferior degree/ subject to variation: the burthen from ultimate misdecision, the evil opposite to the ultimate collateral end of justice, the sort of oppression flowing /appertaining/ extensively from /to/ misdecision to the prejudice of the defendant's side, is subject to variation, upon a scale of indefinite extent /indefinite an extent/. Upon an indefinitely extensive scale.

The latter sort of burthen /evil/ being a burthen which requires situations, opportunities, interests and incidents in some degree particular /more or less peculiar/ for the imposition of it, will comparatively speaking be but little in use. It is the other that being his best fitted for general use, cuts /makes/ by far the greatest figure in practice.

A man having or purchasing for the purpose a small demand, just or unjust, against another, the state of whose affairs admitts not of immediate payment without ruin or great inconvenience, proceeds against him in the expensive and vexatious track marked out for the purpose by the system of regular procedure. for this purpose a demand of a shilling serves as well as a demand of ,1000: and it is evident that in the case of the shilling, whether it be due or not due, makes in this respect no material difference.

That for the mere purpose of a gratification /enmity[?]/ to the passion /[...?]/ of enmity and without any to the self regarding passion, the desire of pursuing /the matter of [...?]/ a course of the sort in question should be engaged in, is probably in England at least comparatively speaking rather an uncommon case. But that this very course should be engaged in, for the sake of the profit, the professional profit for example derivable from it, in so far from uncommon as to have become a regular and established branch of practice, at least so far as evidence may be given to the statements of the cases that so frequently transfer through the medium of the press.

A dealer of this sort, if by accident a good bill is put into his hands, with instructions to recover the amount of it, complains of the goodness of it as an injury. Being a good bill, the amount of it is paid on presentation: and thus litigation being presented, the lawyer professional lawyer not to speak of his official partners disappointed of the expected fees.