JB/091/298/001

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29 Feby 1808

Two enormous all-pervading immensely extensive mischiefs flow from this abomination:

1. One consists is in the enormous quantity of balderdash
habitually poured out generated under favour of the licence: and with
it a proportionable quantity of complication, delay,
vexation and expence.

The Client not being punishable for any falsity
it may happen to it be certain, leaves his lawyer
to make fabricate allegations on his behalf whatever to whatever
effect and in whatever quantity he pleases.

The lawyer being only not punished, but
rewarded in proportion to the quantity, obtains at the
same profit in proportion to the quantity, and reputation
in proportion to the zeal of which the magnitude
of the quantity is the demonstration and the
measure.

The mischief grievance is but too heavy in the English branch modification
of technical procedure. But in that case
it is restrained in some degree by the forms: – the
forms of pleading.

In the Scottish procedure branch those forms
being for the most part wanting, the mischief has no
bounds.

In English procedure, the effect of those forms is to draw
in some sort a line of demarcation between the claim (whether
demand or defence) and the testimony delivered in support of it.

In Scottish procedure affords no such line. Hence another
source of whatever redundance, complication and confusion with
the complication and
superfluity of matter of which
it is productive.

Identifier: | JB/091/298/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-02-29	Marginal Summary Numbering
Box	091	Main Headings	scotch reform
Folio number	298	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	29294
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