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.