date

16 July 1804 Procedure & Evidence
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.
Similar Items
  • 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
  • Title: [16 July 1804 Procedure & Evidence]
    Description: 16 July 1804

    Procedure & Evidence

    Evils causes

    ch 5th Order

    ' 2. Delay

    8. Time for receiving evidence thrown back to well after the time expendable in allegations without proof has been exhausted; instead of returning allegations and proof at the same instant; a union /a junction/ which takes place of itself in so far as the allegation of either party, with or without oath, is received as evidence.

    9. In the examination of a party in the character of a witness, questions exhibited in writing, and put altogether into one instrument, answers into another, with intervals of weeks or months between one such instrument and another: instruments of that sort capable of being made to succeed one another, at the pleasure of a mala fide suitor, in causes of an indefinite length: although evidence from the same source might be extracted - the whole mass of it in one sitting in the compass of four hours or minutes, by viva voce examination - a mode universally acknowledged to be in every respect preferable.

    10. The same sort of examination, if carried on reciprocally at the instance of the party first examined, made the business of a distinct cause, not commencing perhaps until after the conclusion of the former, although the reciprocal examinations might with encreased advantage be taken at one and the same sitting as above.

    11. Arrangements in order of which, on the occasion of one and the same demand, at any period of a suit carried on in the less dilatory mode, a suit in the superlatively dilatory mode is made to intervene and destroy the use of whatever has been done in the course of the first suit: leaving to it no other effect than the production of so much useless delay vexation and expence: one sort of court carefully abstaining from the extraction of what is universally acknowledged to be, in all cases where /in which/ it is admitted the best evidence, as if for fear of infringing the monopoly possessed by the other sort of court in the profit to be made by the extraction of that sort of evidence.
  • Title: [11 July 1804 Procedure & Evidence]
    Description: 11 July 1804

    Procedure & Evidence

    Evils causes

    ch 5th Order

    ' 1. Intricacy

    I. Natural causes.

    The natural causes of intricacy in the system or course of procedure may be said to be composed of the number of steps which for the accomplishment of the several /two/ ends of justice /procedure/ - main and collateral - require to be taken /of operations requiring to be performed/ during the continuance of a suit previous to the execution of the ultimate decision by which the suit /in the suit/ is terminated: account ---- alia inter of the length of time necessarily consumed in each such step or operation and of the necessary intervals of time between one such operation and another.

    The several causes or sources of complication in procedure - viz: of so much of it as is natural and unavoidable, have been collected, methodized, and will /are to/ be found exhibited /brought to/ and included in the compass of the Table herewith annexed /annexed Table/.