18 May 1805

Evidence

Introd.

Until and unless this distinction is duly attended to and allowed for, it can not be said to be among the legitimate ends or objects of procedure either to encrease or diminish the number of suits: neither an increase or /nor/ a diminution in the number of suits can with any propriety be set down to the account either of advantage or disadvantage.

The tenor of the corresponding mass of substantive law being given, the texture of the corresponding system of adjective law - of procedure is so much the better as it tends to encrease or rather as it does not tend to diminish, the number of well-grounded, i.e. non temerarious and non-mala fide suits. It is so much the worse as it tends to encrease the number of temerarious but more especially mala fide suits.