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19 March 1807 3
Scotch Reform. Delay and Complication TableUses of this Table
1. To indicate the Use
1. Where the delay that
in the instance of this
or that individual suit,
actually takes place on this or that individual
occasion, is
justifiable, being grounded
on just causes
and considerations,
to this Table will
serve for the justi to
justify the as well the
system of procedure
and the Judge, by This
it will do by shewing that for by such
or such a course, a
real and just demand
for delay extra delay
extra delay, or at
one any rate for delay
beyond the minimum
quantity, was actually produced.
If
1. To justify delay &c where
justifiable
2. To expose to view the
injustice of delay, where
unjustifiable.
3. By indicating the just
causes of delay & to
expose to view the injustice
of it in all cases every instance in
which the justice of it
can not be proved by
reference to some one or
more of the courses here
brought to view in the
character of justifying
excuses.
Uses of this Table
Use 1. In case of justifiable delay
1. To justify delay,
with its attendant vexation
and expence, in
so far as being unavoidable
(i.e. in so
far as the prevention of
it would not be attended
with preponderant
evil either in the word shape
of undecision, failure
of justice, or delay
vexation and expence
from some other source
or sources) it is justifiable.
III
☞ The To extract the justification will
be performed and whatsoever
to the quantum
of delay &c actually
having place on any given
occasion, took out
and made with, as actually having
place, seems one or more
of the circumstances here
set down in
the character of causes or
or sources of complication
and thence of Delay.
4. To suffer indicate the
remedy for avoidable and
thence factitious delay
when whether complicated by the
vices vitious constitution of the system of procedure —
and this
regularly produced
Given where all parties
are desirous of it:
so produced through the
desire at the to
5 So the afford
as well as and sake of two of the parties
of the part a motion
suitor into whose hands
the facility of producing
superabundant do &c
is afforded by opportunities
which it is here intended
to embrace
Uses of this Table
XI continued
N.B. But to constitute afford
the justification where
ulterior other circumstances conditions
are necessary to constitute
the justification or That the matter of
or matters of fact thus
indicated shall see in the character
of causes of delay &c shall on the occasion in question
actually have had excuse.
2. That the operative
forces of these circumstances
respectively
shall in the instances as the reasonsin
that same service
have been great enough
to present institute an inadequate
demand for a quantity
of delay &c equal
to the quantity actually
produced.
Use 2. In case of unjustifiable
delay To expose to view
and mark it out for condemnation
the injustice of the delay so far as it
was unavoidable, and
thence unjustifiable.
Such exposure will
be affected by either two
circumstances and thence still more compleatly
by both [of two
circumstances]
1. The impossibility of
1. The inability of every
one who tries, to find
in every one or more of the articles in this catalogue a
cause or causes of delay actually
having place in the vexation
in question, and
that in operating in
a degree of force sufficient adequate
to the production
of the delay in the quantity
Actually produced.
2. The facility
II continued
IV continued
3. In So far as the
any naturally avoidable and therefore
superabundant quantity
of delay &c
is produced and thus
by institution rendered
unavoidable by the system,
to facilitate the
cure of it by the indication
of the causes.
III
3d By exposing to
view the vitious arrangements by
through which the system
is productive of superabundant
delays, to indicate the means
4 In so far as to
Use 4d In so far as
they made superabundant
quantity of delay is
liable to be
misconduct on the part
of the Judge, to operate afford
means for towards the prevention of
it by causing the act of
and the impropriety of it, if improper to become notorious: viz. to the superintending authorities and the public at large, as well as, to the superintending authorities,
by an appropriate system of registration, with abstracts whereof to be periodically communicated
of 2 viz: the consequence
of the delay by the Judge.
Any delay, whether
produced by express adjournment
will be produced by the
Judge. author of It will be
produced by him either at
the instance of one or other of a party
of the parties one or more
an of his own motive.
If at the instance of
the fact comprehended advanced of the
demand for the delay will
be to be asserted by the party
at his peril in case of falshood.
This individual matter
of fact, will if relevant
and this Table sufficiently
comprehensive, be referable
to serve more and more of the
general of demand comprehended
in this Table.
II continued
2. In so far as the delay
has the system of procedure
2. The facility of
for its licence, the facility of
funding, coming in
a list of causes of
avoidable, and thence
factitious delay, some
article or articles by which
the quantity of delay
actually having place
was produced. See Cole
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