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deposivity viz business — and + date the Soldiers 4 7 8
———— B
Extra - Delay i.e.
extraordinary quantity
of Delay, supposes one
ordinary quantity,
with reference to which
any ulterior quantity
is considered as extraordinary:
of delay,
and thence of its inseparable
concomitant
vexation, and its immoral
and necessarily
frequent concomitant,
expence. ᴓ
The ordinary quar
Under the natural system,
this propposing the
parties meet in the
presence of the judge,
this ordinary quantity is no more than a
fraction of a single
day: that quantity
and no more being
stated from experience
as actually in such a
proportion of the Small
Debt causes, as forms
a majority of the causes
of all sorts annually
commenced in
England [Letter : by and In Mr
Hulton's book on the
Birmingham Court of
Requests, Birmingham
1787, Preface:] and,
by the highest authority
in Scotland, is stated
as being, in causes of that
description, sufficient
for
for the purpose [Letter: and In Mr
Hutchinson's book in the
Office of a Justice of
Peace &c Edinburgh
1806: (revised by the
Right Honble Hay Campbell,
Lord President
of the Court of Sessions)
Pref Vol. I pp xix and p. 137.]
And this portion of
a day is, for each such
cause, an extraordinary a very
small one: upon an
address scarcely so much
as 5 minutes: for,
in the Birmingham
Court, 130 causes per
day used to be decided
upon on average.
[Hult. p. .]
causes, of which, if
tried by a Jury in the regular
Common Law mode,
would have occupied
been spun out, each of
them, instead of the 5
minutes, to a length of
more than as many
months: of which no
more than a portion of
a day would have been
taken employed ( viz: the time occupied
in the treat) would
have been time employed:
to the rest would have
been time wasted.
Between Complication
and Delay though the
though the objects in themselves
distinct, the connection is
most intimate.
Whatsoever tends contributes to produce
complication tends
has a proportionable tendency
to produce delay
since, be the sort of work
what it may, the more
there is of it to do the greater
the quantity of time requisite
for the doing it.
But Yet either evil may be
encreased without any indirect
such encrease in the
other, as shall; in a practical
view be material in a
practical view, be material
1. Complication may have
place, and not from one
alone of the its sources as brought
to view in the Table, but
from several together, and
yet no extra delay as
at necessity, physical
or prudential, for extra-delay,
as above defined,
be the consequence.
2. Extra delay may
have place, and
2. Without any considerable
degree of complication, extra-delay
may have
place to any amount:
to an amount beyond the
greatest that can ever be
produced by any degree of
complication [See Proof and There will
of this
be seen in p. Table I Col 5.]
viz. the case in
which the demand for delay
is produced by the
of witnesses: defendants
included in the cases where their presence is needful in the of and so in the case of written and historical evidence as
In regard to complication,
its capacity of
existing in a quantity
apparently very considerable,
as flowing from at
the same time from a
variety of sources, or of
private importance a particular claim to attention
in a practical point of
view and yet without
producing any necessity,
physical or prudential,
for extra-delay presents
a particular claim to attention,
in a practical
point of view. Many
such the causes as every
day's practice shews, are
the causes suits above which
neither occupy nor require
to occupy, each of them,
more than a small portion
of a day — a few hours,
or even not many minutes,
although in each
instance, complication
has place, and that
from such a multiplicity
of sources, as if
presented in that view
would comprise a formidable
list: and constitute In the testemical
a powerfull fallacy system of procedure, complication
having been fabricated
for the purpose of delay,
and delay for the
purpose of complication,
both with the attendant
mass of vexation and expence,
for the sake of the
profit extractible out of the
expence this list would might
in the hands of those whose
share in the profit from the
abuse secures their exertions
in its defense, constitute a
very powerful fallacy: a
fallacy of a much less flimsy
texture than the small-talk
employed by the
for the purpose by Blackstone. [See Table IV.]
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Letter 1929, vol. 7 |
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