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5 July 1804
Procedure & Evidence
Evils
2d order
7 or 1. vexation the immediate causes
III II /III/ Factitious causes 1. negative
1. Factitious /negative/ causes of delay: which see
1. Factitious /negative/ causes of the intricacy or any complication of the system of procedure.
III. i.e. Factitious causes 2. positive.
i. Positive causes of delay which see
4 Labour of mind and loss of time (as above), as in the natural course of things would have been necessary to be taken but have been rendered so by appointment of positive law. The greater the number and variety of these steps, the greater the degree of complication /complexity/ or intricacy in the system of procedure. For the causes of complexity and thence of intricacy see further on -
5. Anxiety of mind, by reflection on the uncertainty of the event of the cause, and in the ---- of the arrangements to be taken for the rendering it favourable - even in so far as that uncertainty, and the complexity of these arrangements, have received encrease from the operation of factitious causes.
N.B. In proportion as professional advice and assistance is called in, the vexation in respect of labour of mind will frequently be diminished, but the evil of expence (of which further on) will constantly be encreased.
Similar Items
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Title: [5 July 1804 Procedure & Evidence]Description: 5 July 1804 Procedure & Evidence Evils 2d order 8 or 2. Expence 8th on the list of independent evils - the individual evil of expence. The immediate elements or causes - I. Natural causes 1 to 5. The several attendances brought to view under the head of vexation, in so far as the demand for them arise out of the nature of the case /each individual case/. 6. Journies viz: to and from the places at which the several sorts of services, conducive to the above objects, require to be rendered or applied for. 7. Remuneration for professional advice and other assistance, so far as the demand for such assistance is created by the nature of the case, compared with the faculties, intellectual and corporeal, condition in life, and pecuniary circumstances of the party. 8. Natural causes /length/ of delay. See delay. + 9. Natural degree of intricacy -----. See intricacy. || II. Factitious causes negative. 1. Omission on the part of the legislator to apply to this species of correspondence the convenient means of /arrangements for/ correspondence in use for other purposes: for example, correspondence by the letter-post. 2. Factitious length of delay as caused by negative factitious causes see Delay 3. Factitious --- of intricacy, as caused by negative factitious causes of intricacy - see intricacy III. Factitious causes positive 4. Factitious causes of delay, as caused by positive factitious causes of delay: see Delay 5 Factitious degree of intricacy as caused by factitious causes of complexity or intricacy of procedure: see intricacy. (a) 6. Taxes upon justice. taxes upon the several ---- that come to be taken, or written documents /instruments/ that come to be exhibited or recorded in the course of a cause. + || shew[?] law[?] (a) In the track of English procedure such is the intricacy in which it is involved not only must every man have a guide (the Attorney), but that guide must have other guides (the Advocates) and they a leader. Yet in /amidst/ the darkness visible through which they have to grope, and under that blindness which is the consequence of it, how often are they not seen falling, all together, into one ditch!
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Title: [16 July 1804 Procedure & Evidence]Description: 16 July 1804 Procedure & Evidence Evils causes ch 5th Order ' 1. Intricacy II and III. Factitious causes, negative and positive I. Causes productive of complication properly so called /---- taken/. 1. Arrangements /Act/ requiring steps and operations (including the exhibition of written instruments) naturally useless: especially if /when/, as --- --- commencing the case the obligation of employing /taking/ these has been sanctioned by /had for its sanction the/ pain of nullity. See above 2. Arrangements operating as factitious causes of delay in so far as delay is become naturally or factitiously a source of fresh incidents, producing a demand natural or factitious for fresh operations. See the next table - delay. II. Causes productive of intricacy, without any necessary or adequate proportionable addition to complication. 1. Language unintelligible ambiguous or obscure. 2. Language distorted: - composed of distorted phrases - phrases of distorted import. (a) + 3. Language fictitious: language rendered unintelligible, ambiguous, obscure, or even delusive and fallacious, by being polluted with mendacity, flowing from authority, and thence employed by lawyers of all classes and all ranks with indifference, or rather with complacency, under the name of fiction. || 4. Language obsolete: and thence unintelligible, ambiguous obscure or even fallacious. Ex gr. old mode of /note/ computing days by saints days. # 5. Language uncharacteristic and unexpressive. {} Subpoena for a summons to a witness. Distorted language presents and false conception: uncharacteristic, as to the point in question, none at all. + See Table (a) note (a) and note (b) || See Table [] Note Uttering as true a supposed fact which is known by the utterer not to be true. # See Table {} See Table
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Title: [16 July 1804 Procedure & Evidence]Description: 16 July 1804 Procedure & Evidence ch 5th Order ' 2. Delay II. Factitious causes negative and positive. Examples - 1. Arrangements requiring steps and /or/ instruments compleatly as well as naturally useless or /and/ superfluous, as above with intricacy. 2. Arrangements giving a useless or superfluous elongation /prolongation/ to operations, instruments or intervals naturally necessary. See above again title Intricacy. 3. Arrangements establishing intervals of days, weeks and months (not to say years) between sitting and sitting in the /a/ Courts of Judicature.
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