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!