JB/058/205/001

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9 June 1805

Delay Causes
I. Unavoidable or Natural
1. Modes of Complication,
as per Table.

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Delay Causes
II. Factitious and Avoidable
I. Departures from the natural mode
by enquiry, viz
1. Special pleading
Operations proofs from allegations
2. Equity procedure by
Bill and Answer fixt
and being interests between
questions and answers.
3. Information procedure
where inter
4. Attachment procedure –
when inter
5. Where a fact is established
in one suit for
different purposes, requiring
different suits for establishing
it for the different
purposes. – Examples
1. Perjury.
2. Vexatious litigation N.B. The separate suit
should be and instituted
not of course, but only an
allegation and decision
that the purpose of the
decision in the second suit
the evidence and
in both one of other
side was not sufficient
in the first.

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Undue decision – of
Causes Factitious
I. Decision adverse to the Plff for
1. Non correspondence of the
evidence with the species
of action indicated by the
declaration.
☞ Refer this to the head
of Nullities

Intricacy Delay an
Wrongful Decision
Vexation & Expence
Pain of Nullity - Occasions
1. Transgression of regulations
of procedure real or
imaginary.
2. Abatement – i.e. by for
Transfer or creation of
interest by, 1. Death.
2. Marriage. 3. Birth.
3. Non-correspondence
of Evidence with the
original allegations
viz. 1. Declaration ex
pate Plff. 2. Plea ex
parte Defendant.
☞ The above entered under
Delay or Evil Causes.

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Note 8(a)

In the rude ages In those rude ages in which the germ of the existing systems
of procedure first began to develop itself how should any
such suspicion have presented itself to men's minds?

From At the close of the 18th Century it had never presented
itself to the penetrating mind of Adam Smith. He saw no harm
in fees: neither in the character of a principle of corruption,
nor yet in the character of an ill-seated a mis-seated tax. To him it never
occurred that the persons who derive the least benefit from the protection
afforded by the Courts of Justice, are those who are forced into them
in the capacity of suitors. The protection which others a suitor pays for, perhaps
by all he is worth, non-suitors enjoy gratis. See Protest against
Law Taxes.

Identifier: | JB/058/205/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-06-19	Marginal Summary Numbering	8a
Box	058	Main Headings	evidence
Folio number	205	Info in main headings field
Image	001	Titles	delay causes / intricacy / delay in wrongful decision / vexation & expence
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3*
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18874
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