2 August 1805

Evidence

Introd. Jurisprud

Ch. Ii. Vices

''. 6. Fixation in competency

suppose 16 years, an attempt made to [...?] the bond to be pronounced antiquated /a plea of antiquation exhibited/ on the ground of that length of time, and the attempt reacted /plea repelled/, would not this /a decision to this effect/ it may be asked serve to fix the rule at both ends? No, that it would not: for between the sufficient length of 18 years and the insufficient length of 16 years there remain a length of 2 years wrapped in impenetrable darkness. Two years contain 730 days, each capable of furnishing its separate decision: but in the number of 730 /decisions/ we have happily a maximum by /at the end of/ which happen the worst / at the worst/ the main of uncertainty will be exhausted, opposing fractions of days to be thrown out of the account.

In English law by different statutes times of antiquation have been fixed for different species of demands. If the principle were extended to demands of all sorts to which it were proper it should be extended, and the length of time adjusted in each instance on the ground of utility to the nature of the demand, not forgetting that the nature of the investment in which it originates, if under the direction of reason and utility the same principle were applied moreover to defences: if when laws are made a possibility of being antiquated with them were given /afforded/ to those, whose conduct is in instance at [...?] expected to be regulated by them, - and whose fate is at any rate disposed of by them if etcetera etcetera: - but a train of suppositions in this strain ascribes to voluntary mobs the eyes of eagles, and the pace of the dromedary to voluntary sloths. pictures effects in sparking up in dispute of opposing cases: and the professional interest of the man of law committing suicide.

Having of course been left on the part as in every other of the field of law by the /in the work/ purblindness of the legislator, jurisprudence, with hands ever open and eyes ever shut, is filling them /the gaps/ up at the rate of [...?] /progress/ marked out by Fortune.