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May 1805
EvidenceCh. Adjournments
§§
(1
Book
Ch. of Adjournments — Causes of adjournment.
Adjournment is delay — delay created by the act of the
Judge: for the causes of adjournment, are the on the table Causes of Delay.
If at the time when it is proposed that the cause be adjourned,
it be proper to adjourn it, it must be for one or other of two
reasons: 1. that the state of it is not ripe for decision
or that the J mind of the Judge is not ripe for permanency of
it.
Adjournment is, i.e. the real demand for adjournment in a certain point of view a frequent case:
as such it requires therefore to be provided for. have provision made for it.
Causes of all sorts taken together It is not however the most frequent case: considered in this
point of view it is even comparatively rare. Witness the causes
great majority of the causes laid before determined by the English Courts of Conscience.
A system of procedure which should proceed be grounded on the supposition
of a universal necessity of adjournment — proceed upon the supposition
of a natural necessity, and upon the strength ground of that supposed
necessity, create a factitious necessity, might on this account claim would, independently
of all other blemishes, be a system justly termed a system of
imbecillity or fraud, and at any rate of injustice.
This false supposition, and the oppressive practice thus grounded
upon it, are among the features by which the technical system
all over the world over stands distinguished.
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book / ch. / of adjournments - causes of adjournment |
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jeremy bentham |
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