14 August 1804

Procedure

False ends

Points adverse

Expensiveness

1. Expensiveness: viz: in respect of that part /portion/ of the which goes in toto into the pocket of the man of law.

2. Expensiveness again: viz: in respect of all those parts of the expense - which to not themselves go into the pocket of the man of law, but are so contributed and -------, that the disbursement of them is necessary to the disbursement of those other parts which do go into the pocket of the man of law.

In respect of the above portion of the expense the interest is direct and manifest /obvious and indubitable/. Others there are in respect of which the interest is less clear and decided: the case being such that by a given /lot of/ expense, to an amount not susceptible to liquidation, a man gains or stands a chance of gaining in one way, what he loses or stands a chance of losing in another.

1. In regard to expenses which neither go into his own pocket nor are necessary to any others that do, upon a first view that lawyer is no gainer, after an ulterior view /----- ----- -----/ he is a loser. He is a loser, because the more a man is made to pay to other people /forced to expend in other ways/, the less he can afford to pay to lawyers.

In another way, this seemingly unprofitable /wasted/ expense is not altogether without its use to the man of law. The general principle and practice of imposing upon suitors factitious and unnecessary expense is sanctioned by it if the aggregate mass of factitious expense in particular share that goes into the pocket of the lawyers is covered by it.