4 July 1804

Procedure & Evidence

Evils

2d order

'.1. Injury to plff

2 Immediate causes the 2d - non-decision

2. Second cause /cause the second/ of the above effects - non-decision

of non-decision suppose it to last for ever, the effect with regard to the production of the evil /evils/ opposite to the main end of procedure in /----/ its several branches is exactly the same as wrongful decision to the prejudice of the plff's side would be: for /since/, on this supposition, in the cause in question, if a penal one the time would never arrive when the punishment due would be applied; - in a non-penal one, the time would never arrive, when the right due would be conferred; in a cause of a mixt nature the time would never arrive when the satisfaction due would be administered /rendered/ any more than when the ulterior punishment due would be applied.

On the other supposition, --- that this species of negative misconduct on the part of the judge is but temporary, it is the same thing with /the evil in other words/ delay in the species of cases negatively in question. But delay in rendering to the plaintiff that justice which is due, is injustice while it lasts. For the causes of delay, see article delay.