18 May 1805

Evidence

Introd.

ch. Procedure

' Effects of no of suits

Effects of a Reform in the number of suits.

Misdecision is one cause of the contravention of the ends of procedure, whether by non-fulfilment of direct ends, or by the production of one not apposite to a collateral end misdecision is a cause, and the most prominent cause. It is however not the only cause. Three other causes are alike /equally/ adequate to the production of this effect: 1. on the part of the judge non-decision: 2. on the part of the party interested in the fulfilment /accomplishment/ of the substantive law, 2. non-demand, or 3. desistmemt.

When misdecision is the cause, the station of the demandant and that of the defendant are alike exposed to receive /experience/ /bear the brunt/ the overwhelming force of the mischievous effect. Both ends of justice are alike exposed to be contravened by it: the direct end, and the ultimate collateral end.

When non-decision is the cause, the station of the demandant is that one of the two that is most obviously and most frequently exposed to receive the damage: so long as /since/ the cause /suit/ continues undecided, the demandant fails of obtaining the service, which was the subject of /prayed for by/ his demand.

Not that the station of defendant is /is altogether/ in all cases altogether unaffected by mischief /exempt from damage/ flowing from the same source. So long as the cause continues even though no further steps /operations/ with the attendant expences and vexations, be taken in it, vexation, in the shape of anxiety, still continues.

Where non-demand is the cause, the station of defendant, that is of him, who if in the instance in question the direct end of justice had been /to be/ fulfilled would have been demandant, is the only one of the two opposite stations the only one on which any sensible portion of the misfortune falls: punishment, satisfaction, propriety, right whatever it be, he fails of obtaining the object which is his due. To injustice or suffering from this source, the station of defendant is not in any degree exposed. In respect of the consequence of the demand, no room for vexation, for anxiety; for, by the supposition, no demand hath as yet been made.