2[?] March 1807

Judicial Justice

Letter V

II. Sources

II. Next as to the sources in which injustice in judicature is liable and apt to take its rise. These are enumerated:

1. The System itself: viz: the System of procedure in force and practice at the time: whether that system be the work of the sovereign alone or of the judicial authority alone, operating whether in the way of statutory or of jurisprudential law, or, as is mostly the case, partly of the one, partly of the other.

2. Misconduct on the part of a suitor on either side taking advantage, as a dishonest suitor is apt to do, and must always be expected and presumed to be ready to do, of whatever imperfections on the part of the system itself present themselves as favourable to his purpose. Fraud on the part of a suitor.

3. Misconduct on the part of a Judge -

Misconduct manifested on the occasion of a suit on the part of the Judge may either be such whereby the fate of the suit is affected, or misconduct not affecting the fate of the suit, but collateral to it.

Misconduct affecting the fate of the suit, i.e. the lot and condition of either party in respect of the interest which he has in the suit consists in the production of injustice in one or other of those of the shapes above spoken of viz. Misdecision to the prejudice of the plaintiff's side. 2. Denial of justice. 3. Misdecision to the prejudice of the Defendant's side - and 4. Delay (which has the effect of denial of justice, which it hastens[?]).