26 May 1805

Evidence

Introd.

ch. Evils causes - non demand

(2 '1

Stet?

By another question the matter may perhaps be still more clear. Whatever expence is at present thrown indiscriminately upon those on whose part the litigation is ill-grounded and upon those on whose part it is well-grounded, suppose the expense were to be taken off /removed/ altogether from those on whose part it is well-grounded, and /but/ at the same time preserved to press with the same force as at present, of such an arrangement would not the effect be to render the number (the proportionable number at least)of ill-grounded suits less than it is at present?

That the purpose of justice and the interest of the public would be better served by such a state of things than by the existing state of things, seems hardly to be doubted, is a proposition the denial of which seems not quite so easy /practicable/ as if practicable it would /might/ to some ----- descriptions of men be desirable.

The result is that litigation being an evil, the less is the quantity to which it is reduced the better, so it be without ------ to the fulfilment of the direct and ultimately collateral ends of justice.

That, in so far as it has for its cause the uncertainty of the law, the proper, effectual and only proper effectual ends of labouring in the ridicule of it is by

Criteria of the utility of the reform. The reform useful 1. if cause of small value -----

2. if causes of great value are not increased or diminished.