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3 April 1805
Evidence
§. 4. Vexation – its effects, when impinging in the first instance on
Men of law.
5. Men of law of all classes Official and Professional. Judges, Subordinate Officers of Justice
judicial and ministerial executive; Agents of parties, such as Attorneys
and Advocates.
According to circumstances, juridical vexation, falling in the
first instance upon men a man belonging to any of these classes, takes
a different shape, and rests ultimately upon different sorts of persons, according
to circumstances. If On each any given individual occasion, if the
lot of vexation falling on that occasion upon the species of men of law in
question has its no remuneration attached to it, or none but what is
inadequate, it then rests in the shape of vexation, pure and simple mere and
unprolific vexation, and it is for the sake the interest which calls for the avoidance of it, is that of the man of law
itself himself. If on the other hand, the lot of vexation
so impinging in the first instance, has a lot of remuneration
attached to it, and that an adequate one, in this case, whether it be at
the expence of the public that the remuneration is afforded, or
at the expence of an individual, such as for instance the suitor, in this
case the burthen being taken off thus removed from the shoulders of the man
of law, the interest which calls for the avoidance removal sublation of it, is not
that of the man of law but some other interest, if at the expence
of the public, the interest of the public public interest; if at the expence of the
individual, that private interest the interest of the individual.
But the remuneration, if it be so much as adequate, can
scarce ever be so exactly adequate, as not to be more than adequate:
and more than adequate it will be sure to be, if the appretiation and fixation of
it be do left to himself to depend upon him to whom it is to be paid. On these terms he will be not only content
but eager to heap up vexation upon vexation upon himself load himself to with it,, and without stint:
till upon upon : and as whatever vexation thus
falls upon the shoulders of the man of law is sure to be transported upon handed over transferred to those of the suitor, in the shape of expence,
with augmented force, a given lot of vexation thus falling in appearance upon the
man of law, falls in effect not at all upon him in any proportion upon him,
but in the whole upon the suitor,
and that with much greater weight
than if it had fallen
directly upon himself.
Identifier: | JB/058/081/001 "JB/" can not be assigned to a declared number type with value 58.
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