25 Apr. 1805

Evidence

Introd Evils Causes

Ch Sinister?

'. 2. Non-Notoriety

Mala fide suits - whether on the part of demandant or defendant - mala fide demands, mala fide defences - are but the too frequent and too natural /the natural and but too frequent/ effects of those self-regarding and dissocial affections which are inherent in the species, and even necessary to its existence. Make, in favour of as many good customers as can be found, as many mala fide suits as can be made, and whatever injustice and oppression isthus produced, set it down to the account of human nature.

1. Delay, unavoidable delay is /in different quantities is unavoidably/ produced by the influence /operation/ of a variety of causes. Make /Create/ on all favourable occasions as many delays as can be made productive of profitable expense, and set them down to the account partly of the adverse powers of Fate and Accident /Fortune,/ /nature of things,/ partly to the account of the caution and deliberating wisdom of the Judge

2. Complication, with its attendant portion of intricacy and profitable expence is likewise in different degrees produced by the operation of a variety of causes. Add to the complication by all imaginable means - introduce into suits that have nothing complex in their nature the expensive and profitable proceedings with their attendant vexations and delays which /as/ would be requisite in the most complex suits, and set down to the account of natural and necessary complication the factitious mass thus fabricated.