5 July 1804

Procedure & Evidence

Evils

2d order

'.3. 3. vexation 1. to plff

 This after expence?

7th /7th on the list of/ independent evils of the (-----) first class the ------- evil of vexation. Viz: to the parties to the cause, and to the plaintiff or demandant. (a)

The immediate causes or elements or causes.

1. Natural causes labour of mind and loss of time by steps necessary to be taken independently /exclusively/ of ----- additions by the party in question preparatory to or for the purpose of laying before the judge the grounds of the demand or the defence the full ------ of the party, will be the services demanded at the hands of the judge.

1. Attendance at the seat of judicature - and the several subordinate offices.

2. On the professional advisors and assistants - in case of any need, real or supposed, for such advice and assistance.

3. On the persons whose service is needed in the character of witnesses, or persons having the custody of real or written evidence /----- evidence/.

4. Arrangements (if any) necessary to be taken for securing the justiciability of the adverse party.

5. Arrangements (if any) necessary to be taken for securing the forthcomingness of the evidence - in its several modifications, corresponding to the several sources from which it is capable of being extracted. +

6. Journies to and from the places at which the several lists of services, ----- to the above objects are to /require to/ be rendered or applied for.

7. -----ity of ----, by reflection on the natural uncertainty of the cause and of the suit, and on the choice of the arrangements to be taken for the rendering of it favourable.

(a) Note (a) Depending upon the unstable structure of language the distinction between the object itself, and its cause or the several parts of it and its causes, will not always be altogether clear, or worth much expence of words, to render so. Warning of the want of clearness will in general be sufficient to prevent any such confusion as could lead to practical inconvenience.

The difference is no wider than that between the ---ial cause and the efficient

+ Reference --- to evidence.