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.