11[?] May 1805

Evidence

Introd

Ch. Collateral Incidental

'.6. Expence

'.6. Expence.

Compared with vexation, expence, (it has been already intimated) has neither exactly the same causes, nor therefore exactly the same remedies.

In whatsoever shapes, in whatsoever persons vexation impresses[?] /alights/ in the first instance, if from that person it be transferred upon any other, the /its/ shape is changed as well as the person of the bearer, it is transformed into expence.(a)

Of the operation which in the course of a cause a man finds himself obliged to perform /carry on/ or bear a part in, if the situations in which in the course of it he is placed, some are not necessarily attended with expence, pecuniary expence, others are accompanied with that evil and grow out of it.

Of the expences arising out of this but one[?] source, the chief part naturally falls upon the party in the first instance. Some[?] however falls /In some cases however it falls/ upon witnesses: in others upon Judicial officers, directing /directorial/ and executive here and there by accident upon third persons: but in all these instances it is commonly transferred from these other descriptions of persons upon one or other of the parties, viz: either upon him to whom on each particular occasion the production /authorship/ of it is imputed, or upon him, who at the conclusion of the suit is regarded as being in the wrong

Of /Among/ the vexations which in the first instance fall in that shape upon the party /a party to the cause/ whatsoever there may be which are either shared with him or taken off his shoulders /hands/ by a professional agent, so many change their shape as well as their suit[?], and on their return[?] to the party, are /become/ transformed into expence.