27 Jan y 1808

II Appeals

I. Execution not possible

To derive a neat profit/ by his own wrong was on those occasions the object with the mala fide suitor /litigant/: for the purpose and on condition of storing[?] in this profit, to enable him to reap it or at least to encourag him to expect it, whenever[?] at /in regard/ to this class of instances[?] the object of that powerful partnership of which the Judges were the managing partners.

Let no man till at the end of a law suit have it in his power (without a law suit) to know what is his own right.

Let every man behold a certainty or a prospect of being able to profit by his own wrong /behold in the state of the law an appearance or prospect of his being a gainer?. In these two maxims may be seen comprized /condensed/concentrated/ the/ sense and substance of the/ policy in which the technical or fee-gathering system of procedure found its principle/object/ and its quick[?].

Both served for the increase of the noble army of litgants, the only part of the population which has any value in a learned eye: /that pretious/only useful/part of the population from which in the estimation of a learned eye the whole derives its only value. /in the former[?] they behold a receipt /the means/ for encreasing /by the former they instructed in[?] another law to increase the process for the multiplication of bona fide, in the other for tha breed of bona fide, in the other for increasing /the breed/ that of mala fide litigants.

Among the devices for the management and multiplication of mala fide suits and suitors the institution of vacations +, may well challenge /may claim/ the foremost place. A vacation is a fixt quantity of factitious delay, which, under the fee-gathering system is sold to /constantly upon sale,/ to every dishonest man who will pay the price that in the shape of fee has been set upon it. Under the English modifaction of that system the year is set out into vacations of different lengths from days to 360 and a little more. + The intervals between Term and Term are Vacations in name as well as in no effect: the intervals between Circuit and Circuit are Vacations in effect though not in name. BY the variety[?], complication, confusion, incognosability, uncertainty those cardinal virtues of the law /jurisprudential system/ in the Moral Code of its founders, are proportionably increased.