16 July 1804

Procedure & Evidence

Evils causes

ch 5th Order

' 1. Intricacy

II and III. Factitious causes, negative and positive

I. Causes productive of complication properly so called /---- taken/.

1. Arrangements /Act/ requiring steps and operations (including the exhibition of written instruments) naturally useless: especially if /when/, as --- --- commencing the case the obligation of employing /taking/ these has been sanctioned by /had for its sanction the/ pain of nullity. See above

2. Arrangements operating as factitious causes of delay in so far as delay is become naturally or factitiously a source of fresh incidents, producing a demand natural or factitious for fresh operations. See the next table - delay.

II. Causes productive of intricacy, without any necessary or adequate proportionable addition to complication.

1. Language unintelligible ambiguous or obscure.

2. Language distorted: - composed of distorted phrases - phrases of distorted import. (a) +

3. Language fictitious: language rendered unintelligible, ambiguous, obscure, or even delusive and fallacious, by being polluted with mendacity, flowing from authority, and thence employed by lawyers of all classes and all ranks with indifference, or rather with complacency, under the name of fiction. ||

4. Language obsolete: and thence unintelligible, ambiguous obscure or even fallacious. Ex gr. old mode of /note/ computing days by saints days. #

5. Language uncharacteristic and unexpressive. {} Subpoena for a summons to a witness. Distorted language presents and false conception: uncharacteristic, as to the point in question, none at all.

+ See Table (a) note (a) and note (b)

|| See Table

[] Note Uttering as true a supposed fact which is known by the utterer not to be true.

# See Table

{} See Table