9 Jan y 1808

Notes to Judicial Grievance and Remedy Table Table VIII

Notes

Ulterior evils to which no so far as distinct from the former no remedy can be applied by the Judge as such, at the instance of a suitor as such

1. Expence: viz. of the expence actually attached to /resulting from/ the suit in the individual case in question, whatsoever part is regarded as superfluous, avoidable, and in that respect /therein/ as undue.

If this undue portion of expence be the result of the system - i.e. of the established course and mode of procedure, it is not in the power of any superordinate judicatory, acting merely as such, to apply a remedy, nor therefore in the power of the suitor by any application made on his[?] part to any such judicatory, to call forth the application of the /any such/ remedy.

If the imposition of the mass of expence regarded as undue be in an individual fact in question, the imposition of the mass of expence regarded as undue be the wish /act/ of the judge, him[?] as pro tanto, an act of misdecision, and to that hand belongs the grievance thus supposed to manifest itself.

2. Vexation. The same observations that have just been applied to the article of expence, may be seen to apply to the article of vexation, considered as avoidable and undue.