11 May 1805

Procedure & Evidence

Introd

Ch 5 Collateral Incidental

'.6. Expence

'.2 The Expence, were it [...?], could not rest any where, so properly as upon the public. Under the head of vexation, in considering the classes of persons liable to be affected by it, the public at large, considered in its collective capacity, found its place in the list: and, under that head a case in which the vexation, if not prevented, might be productive of very serious evil, was exemplified.

To the particular mode of vexation constituted by expence /here in question viz. expence/ the same party the public in its collective capacity is in a much more extensive degree, and indeed continually and on every occasion, subjected. but on this occasion, wide indeed is the difference between vexation in other shapes, and vexation in the shape of expence. In other shapes vexation can not any where fall so heavy, as when it falls upon the public: in the shape of expence it can not any where fall so light. Next, in point of relief, to the annihilating it altogether, is the throwing it upon this broadest and most apposite of all funds.+

In almost every /So far as concerns the/ European state, the expences of procedure, so far as concerns the remuneration afforded to the officers of justice judicial and ministerial - Judges and their subordinates - especially the expences attendant on the creation and maintenance of the seats[?] of judicature, are in a degree more or less considerable borne by the revenues of the state. Nor would it be otherwise than desirable that the expences falling upon the several other descriptions of persons concerned, as above enumerated - viz: parties except, to the extent of the demand for punishment in case of [...?] fide complaint or defence agents of parties and witnesses should be made ultimately to rest upon the same broad /extensive/ fund, were it not for the unlimited and [...?] increase to which the amount of the expence would be exposed [...?] which might be given to the expence, if so disposed of.++

+ Introd. Dum

++ expence to the head[?] of [...?]