10 Jan y 1808

Notes to Judicial Grievance and Remedy Table Table VIII

Notes

( ) (Delay) Though against delay in judicial proceedings, in so far as it is regarded as having for /produced by/ its efficient[?] cause misconduct on the part of the Judge, the remedy here brought to view, viz. Order for Dispatch, is the only direct remedy, applicable, at the instance of a suitor, by a subordinate judicatory, acting as such, yet in itself as well as in comparison of such other remedies as the nature of the case affords, its action is very feeble and precarious. Delay is the grievance: but, to take a chance for the application of the remedy, ulterior delay is necessary - ulterior delay, a certain addition to the disease.

Of delay, unnecessary delay, so far as it has place, the cause is to be looked for either in the system of procedure, or in the conduct of the Judge. So far as the disorder has its seat and root in the system, so far it is to the system that the remedy, to be of any use must be applied.

So far as it is referable to the conduct of the Judge i.e. to the misconduct on his part, the direct remedy is an Order for Dispatch, as above. But this remedy, feeble as it is, is mainly of the corrective kind[?]. A remedy of the preventive kind, as well as beyond comparison more efficient, would be afforded by they system of perpetual accountantship above-mentioned: in application much of that system to the purpose of making known whatsoever portion of delay, and thence whatsoever portion of unnecessary delay, has for its cause improbity or infirmity - the partiality or indecision - on the part of the Judge.