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16 July 1804
Procedure & Evidence
Evils causes
ch 5th Order
' 2. Delay
12. Arrangements, in virtue of which the Equity sort of court /one sort of court/ admitting and compelling suitors to resort to it, prevents them sometimes from commencing, sometimes from carrying through theirs demands causes in the Common /other/ law courts, itself all the while being or professing to be, in relation to the very causes which it -- thus draws to itself, without power to extract the evidence in what is universally acknowledged to be the best mode: sending accordingly the question of fact as often as it is considered as being attended with any difficulty, to be tried by a fresh suit in one of these Common Law Courts: as if to ----- at the expence of the suitors, the acquisition in /deference paid to/ its monopoly as above.
13. Arrangements allowing the removal of causes from court to court under various names - ---- - Appeal /prohibition/ - Writ of Error - Bill of Review &c on conditions which render the delay a measure of economy and some profit, to a malâ fide suitor, if /when/ the value of the matter in dispute rises to a certain pitch.
14. Arrangements, employing the pain of nullity, as the general and regular reason for the sanctionment of regulations of procedure: in consequence of which whatsoever operations have been performed, go for nothing, and the whole must be performed anew.
15. Arrangements, giving to various incidents, such as death, birth or marriage, the effect either of stopping the proceedings in a suit, or causing them to be repeated, afflicting thereby the parties /punishing thereby the confessedly innocent parties with/ the pain of nullity.
16. Arrangements, giving the effect /attaching pain/ of nullity to a non-conformity between the evidence, and the allegation, in support of which it is exhibited: viz: instead of allowing opportunity for ulterior counter-evidence, where it happens to be required and not otherwise. +
+ See Evidence B. Appropriate.
Similar Items
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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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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: [[094-462v] Nov 1806 Evidence]Description: [094-462v] Nov 1806 Evidence [...?] II Causes II device Ch. │ │ Device the │ │ th Bandying the suit /cause/ from Court to Court. Appeals and Removals require the concurrence of a party. The sort of transfer here in question does not /requires no such concurrence: nor any spontaneous act on the part of any body: - it takes place of course: viz. at this or that /a particular/ stage in the progress of the cause. By the device here in question, I mean not that removal /transfer/ which takes place in case of appeal viz: where a suitor who regards himself as injured by adverse decision or groundless delay in an inferior Court seeks redress in a superior Court, nor yet the sort of removal which requires the concurrance of one of the parties, but those removals which take place of course, before any decision is pronounced, and fom which neither party has it in his power to preserve himself. the avoidance of which depends not upon either of the parties. Of this device the number of possible modifications are /is/ plainly infinite. exemplifications will be found in the existing practice The principal of them will be found comparable under the following description 1. One Court /Judge/ to decide; another Court to collect the evidence on which the decision is to be grounded. Examples. 1. Practice of the Equity Courts. 2. Practice of the Ecclesiastical Courts /and Admiralty/ 3. Practice of the Common Law Courts in Circle and Communal[?] Appeal 4. Practice of the Common Law Courts on Indictments for [...?] felonious offences 5. Practice of the Common Law Courts on Indictments for [...?] felonious offences 6. Practice of the Common Law Courts on Informations[?] 7. Practice of the Court of Session in Scotland. Game at Shuttlecock played with the cause, game between Inner and Outer House. Property of the suitors sold[?] over the gridiron in both Houses. /or/ A plague on both your Houses! would be the cry of the miserable suitor, if this [...?] on the part cry out, day by day, /Motion/Causes/ Marsalio[?] could have safely pronounced upon the Edinburgh theatre. Examples of the contrary. 2. Attachments in all the Courts 1. Petitions /Causes brought in by/ to the Chancellor in matters of Bankruptcy. 3. All other Motion Causes in all the Courts. See Ch.
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