18[?] May 1805

Evidence

Note

Introd

Ch 4. [...?] Ends

or Ch.1. Ends

With the ends of procedure, coincide in the main, but /though/ not compleatly, the ends of judicature: in point of extent the latter expression wants something, though not much, of being equal to the former - of the mischief produced /that will be seen/ by a [...?] bad system of procedure, it is but a part that is produced by judicature, by bad judicature, by misdecision. Of the mischief producible by misdecision no small part it will be seen is equally producible without misdecision, without decision, for want of decision: on the part of the Judge, by non-decision; on the part of him who has been or should have been demandant, by desistment, by non-demand. To him who has a just cause of demand the worst thing /event/ indeed that can happen is to be subjected to the vexation and expense attached to the station of demandant, and after all not receive the service /obtain the fruit of it/ that is his due. But to find the doors of justice shut against him, and thus to be deprived of his right whatsoever it may be, is by no means a matter of indifference. In the lot of vexation and expense attached to the suit lies /consists/ the difference, and the only difference.

To the station of demandant there is no sort of injury, juridical vexation and expense excepted, that may not be done without misdecision, without judicature, as well as by misdecision, by means of judicature.

Where there is no demand, it may be said[?], there is no procedure, no judicial procedure. True: but where the cause of the non-existence of the demand is to be found in the system of procedure, in so far it is evident, does the system fail of being adapted to the fulfilment of the correspondent end: