date

5 July 1804 Procedure & Evidence
5 July 1804

Procedure & Evidence

Evils causes

4th order

'.1 Unforthcomingness of evidence

II. Real and Written Evidence

I. Natural causes

1. The person in whose custody or power the source of evidence is, not known

2. - his abode or other means of corresponding with him not known

3. When called upon to produce the evidence in question, he neither brings it nor --ds it.

4. He takes /conveys/ it or sends it out of the jurisdiction of the court.

5. He destroys it, or loses it by forgetfulness

6. He conveys it into other hands

7. By his death it passes to other hands unknown

8. The party is unable to defray the necessary expence of producing the original or (when admissible) taking draft or copies.

9. Delay, the ---- ----- as -----

II. Factitious causes negative

1. Want of arrangements proper for the discovery of the source of evidence: i.e. of the place where /in which/, or the individual in whose custody or power it is.

2. Want of effectual arrangements for compelling the production of it, or a transcript from it.

3. Delay - any factitious length, as above, being the result of the operation of negative causes, as above. See Delay.

III. Factitious causes positive, exemplified

3. Exclusion of the evidence on the ground of untrustworthiness without sufficient cause

4. ------ exclusion of the evidence on the ground of the vexation that would be produced (it is supposed) to this or that person by the disclosure of it.

5. Delay - any factitious length, the result of the operation of positive causes - see delay.
Similar Items
  • Title: [5 July 1804 Procedure & Evidence]
    Description: 5 July 1804

    Procedure & Evidence

    Evils causes

    4th order

    '.1 Unforthcomingness of evidence

    Evils of the 3d Order Evil the cause of which is sought.

    1. Unforthcomingness of evidence: viz: of the evidence necessary to rightful decision in favour of the demandant

    1. Personal evidence

    I. Natural causes

    1. The witness (i.e. in respect of the faculty of yielding the evidence sought) not known

    2. The abode, or other means of corresponding with him not known.

    3. The witness does not appear when acted upon to depose.

    4. - Is, or goes /-----/, out of the jurisdiction of the court.

    5. has lost his recollection of the particular facts in question.

    6. - dies

    7. by insanity becomes disqualified from testifying.

    8. On the part of the party who has need of the evidence, is unable to defray the expence naturally requisite for the procurement of it: see above title Expence - natural causes

    9. Delay: in the present instance the natural length of delay, as above explained (suprà) inasmuch as the course of that length of time the testimony of the witness may, in one or other of those ways, or by virtue of one or other of those causes, cease to be forthcoming. See delay.

    II. Factitious causes negative

    1. Want of arrangements proper for the discovery of the source of evidence: i.e. of the individual capable of yielding the evidence sought.

    2. Want of arrangements for the timely examination of a witness whose continuance in life is rendered precarious by old age or disease.

    3. Want of effectual arrangements for compelling the appearance of the witness in case of latitantcy or disposition to expatriate.

    4. Want of effectual arrangements for compelling him to -----

    5. Delay in so far as any factitious quantity of it is produced /attended with any such effect as that in question/ by the operation of any of the factitious causes of delay. See delay.

    III. Factitious causes positive - Exemplified

    1. Exclusion of his testimony on the ground of untrustworthiness, without sufficient cause.

    2. Exclusion /-----/ of his testimony on the ground of the vexation that would result from the extraction of it.
  • Title: [5 July 1804 Procedure & Evidence]
    Description: 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.
  • 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!