date

1 [...?] 1807 (11) 18 Letter
1 [...?] 1807

(11) 18

Letter V

II. Litigation

46

III. Delay

The whole force of the artist's ingenuity having been expended in the manufactory of irreproachable uncertainty and delay clear if possible of reproach to the manufacturers.

4. Delay:- contrivances employed by Judge and C o for the promotion of it.

As to the instruments employed for the manufacture any regular enumeration of them would in this plan be superfluous. The principle and most efficient of them may be seen among the 20 devices enumerated in the first of this series of Letters: and again with additions, making 28 in the whole, and exemplifications, in the Table the 3 d of the Delay and Complication Tables here to annext.

The corresponding counter-arrangements proper to be taken by the legislator for the prevention of these several delays being so plainly indicated either expressly in Letter the 1 st in company with the several devices, or by the very nature and description of the device in each instance, it seemed unncessary in this plan to give a separate enumeration of them.

1. Exclusion of parties, from first to last, from the presence of the Judge - 2. Abuse of writing - 3. Tribunals put out of reach - 4. Blind fixation of times - 5. Sittings at long intervals - intervals of denial of justice as between Term and Term, between Circuit and Circuit. 6. Bandying the cause, on a variety of occasions and pretences, from Court to Court - 7. Decision in the first instance without thought and upon principles purely mechanical, to make occasions and pretences for applying the principle of nullification, and to make ground for future contingent applications and decision, with human reason, taken now for the first time as a guide - 8. principle of nullification - an engine equally applicable to the manufacture of injustice in both shapes, misdecision ( frequent misdecision, whence uncertainty) and delay - 9. Mendacity-licence, the source of assertions, replies and counter-assertions, rendered by the abuse of writing, in length and number alike infinite - 10. Means of securing forthcomingness, subjected to endless diversifications, with consequent contingent failures, and repetitions;- forthcomingness, whether on the part of persons or things - person as parties or witnesses - things, as sources of evidence, or parcel of the matter of satisfaction and subject of demand - 11. Chicaneries in regard to notice, with consequent failures and repetitions - 12. Asylums local and chronological, with consequent delay so long as the object of [the] search continues to elude it - An enumeration thus brief may for the moment save the trouble of reference.
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    Description: 3 July 1807

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    9. So likewise, throughout the whole system of procedure, apply the principle of nullification to as great an extent as possible: rendering its effect sometimes dilatory sometimes peremptory, and rendering it, on each individual occasion, as difficult as possible to foresee which of the two effects it will have.

    III. Seat of the uncertainty, the matter of fact -

    10. Exclude the light of evidence, on pretences as numerous, as frivolous, and thence as uncognisable, and even unconjecturable as possible: taking care that, of the rules [...?] of these exclusions, there shall not be so much as one that is not continually broken through! and that for reasons which are not good but in the supposition of the badness of the rules. Devices.

    11. To the exclusion of the best shape, require to as great an extent as possible that the evidence shall be presented in the worst shape possible: most favourable to perjury, to misdecision, to the production of factitious delay, vexation and expence. (Device │ │) observing in particular to admitt under the worst shape what you exclude under the best.

    II. Directions and Instructions for the creation of delay. See Table

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    Expence and vexation, these in so far as factitious, are produced principally by factitious complication. For the nature and intimacy of its connection with factitious delay see Table 1, Note │ │. Causes of factitious delay are in general, in a correspondent degree, causes of complication, vexation and expence.
  • Title: [[lxxxiv. 62] 1821 Decr 16 Codification]
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  • Title: [27 Jan y 1808 II Appeals I]
    Description: 27 Jan y 1808

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    To derive a neat profit/ by his own wrong was on those occasions the object with the mala fide suitor /litigant/: for the purpose and on condition of storing[?] in this profit, to enable him to reap it or at least to encourag him to expect it, whenever[?] at /in regard/ to this class of instances[?] the object of that powerful partnership of which the Judges were the managing partners.

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