[lxxxiv. 45]

1821 Decr 14

Codification Proposal

20

Appendix

Lawyers interest

Interest of the greatest number in respect of the number of causes or suits at law

In respect of the number of causes or suits at law, it is the interest of the greatest number of the community in regard to suits between individual and individual for redress of /remedy to/ wrongs by individual to individual, it is the interest of the greatest number of individuals /what the public interest requires, is,/ that the number of such wrongs committed should be as small as possible and that from this cause the number of suits should be as small as possible. But, the number of wrongs actually committed being given, it is their interest /what it requires is/ that the number of suits instituted should in case of refusal of redress by the wrongdoer, the wrong doer having it in his power to afford redress that is to say of such as are at once [?] just and necessary civil suits, be as great as possible.: on the other hand /side/ it is their interest /what is requires is/ that in those cases in which the wrongdoer has it in his power to afford redress, the number of suits continued by his Defence in a word unjust civil defences be as small as possible: and this not only in the case of those who are without considerable injury /suffering/ able to endorse /defray/ the expence /demand [?]/ of pursuit and defence, as in the case of those who are not: in the case of solvent as well as in that of non solvent litigants,

[...?] /Next/ As to this same matter see what the The interest of the lawyer class requires, it is this, That of the suits which /in so far as/ on either side /will/ are capable of /out of the expence there exists a capacity of/ affording lawyers profit, be as great as possible: and that of those which are not capable of affording /would not afford/ lawyers profit the number be as small as possible.

That accordingly for maximising /heightening/ the number of suits the aggregate number of wrongs committed be in the aggregate as great as possible: and thus that the number of suits which are on the plaintifs side just and necessary be as large as possible. that so among them the number of those which are capable of affording lawyers profit be as great as possible.