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28 April 1805
Evidence
Ch. 2. Evils opposite to the system of Collateral Ends of Procedure. Vexation, – Expence,
and delay – their correction
§. 1. Vexation, Dela Expence and Delay – that
that relation connection between these evils – To each corresponds an end.
Government is but a choice of evils, in no one of its every department, does it is so in every department:
the judicial is affords no exception will be found to this rule. The good which
the system of procedure aims at as its end – the fulfilment of
the arrangements taken, the securing of the benefits meant to
be secured by the substantive branch of the law – can not be
attained – no use so much as aimed at the evil opposite
to that end can not be averted nor so much as endeavoured
to be averted, without the certain production of a train, and that a certain and immediate one of
other factitious evils.
Thence Vexation, Expence and Delay, under these names
– those but too well known names – may all the immediate and
sensible evils produced by the pursuit of the direct end or ends of procedure,
be comprized reduced.
Under the more comprehensive head of vexation, when may might come the two other evils
expence and delay, have without any impropriety have been comprized, nor would they on this occasion
have been detached from
the general mass, were it
not that being on many various
occasions produced by
different causes, they
require different remedies.
Expence it but may be observed is but a branch, a
species of vexation: it is however a species which upon the species of vexation produced by a particular cause: viz: the
obligation of parting with a portion of the matter of wealth, without an equivalent:
an expence but a species which upon the face of it is easily distinguishable, and for which various purposes,
as will soon be seen, require to be distinguished from the rest.
Even Delay are is in effect but a modification of vexation:
it is vexation in any whatsoever shape, considered as produced by
lapse of time. Delay is, in effect but an elliptical expression,
employed for conciseness to signify denote vexation produced by
delay. Take away the vexation, you deprive strip delay of the quality
by which alone it is rendered becomes a modification of evil, mischief
or inconvenience.
Identifier: | JB/058/068/001 "JB/" can not be assigned to a declared number type with value 58.
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