10 Jan y 1808

Notes to Judicial Grievance and Remedy Table Table VIII

Notes

6. Complication (superfluous complication). This evil, though in a preeminent degree repugnant to the ends of justice is so no otherwise than in virtue /respect/ of its tendency to be productive of the two evils above mentioned as being opposite to these ends: viz. uncertainty on the part of the rule of action, expence, delay, and vexation to suitors, compleat sometimes with vexation to others.

It may have its seat as well in the main body of the rule of action, (substantive law) in that appendage to it which is composed of the system of procedure (adjective[?] law) and in the latter case as well in the instruments as in the operation of procedure. See Table I.

In any case in the system is this seat of the evil, to the system merit[?] the remedy, to act as such, be applied. It is not of the number of these evils to which at the instance of a suitor, a remedy can, on the occasion of each individual suit, be applied, (as in the case of those comprized in the Table) by the Judge.