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10 Apr. 1803
Evidence Procedure
It comes next to the shewn, why delay and precipitation
are separated as above, from the preceding heads of inconvenience, and
placed in another order an inferior a lower rank. It comes accordingly to be shewn
that in those heads of inconvenience, though different in
name, no distinct separate results are contained, distinct from
those already exhibited in the form of inconveniences of
the first order.
In the penal branch one effect of delay so long as it lasts
is the non-application of the punishment where due: thence
the disfulfilment of the prediction – the prediction of the substantive
branch of the law – by which, for the prevention of delinquency
the application of the appointed lot of punishment in the event of delinquency has been
announced. Delay of punishment is impunity while
it lasts.
So again in the non-penal branch, as well as in the penal,
so far as satisfaction is concerned, delay of justice is denial of justice while it lasts.
But the whole process of procedure – in the penal branch
more especially – is in its very nature a vexatious process. Vexation
is the result accompaniment and the result of every step that
comes to be taken in the course of it. The different shapes
in which the monster juridical vexation shews displays itself have just been
brought to view. As the delay extends itself, so does the
vexation. Delay moreover breeds incidents: every portion
of delay is pregnant with these evils: and each incident
brings on its comes with a its group of vexations in its train: each incident
too breeds fresh delay, and each delay more incidents.
As it is with vexation in other shapes, so is it with vexation
in its most prominent shape, expence. As the delay extends
itself so does the expence. Delay breeds incidents: each incident is
pregnant with expence so each incident breeds fresh delay: and each
fresh delay more expence.
Identifier: | JB/058/129/001 "JB/" can not be assigned to a declared number type with value 58.
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