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19 March 1807 3
Complication & Delay Table Notes
Table
False, Causes of Delay,
as aff stated by
Blackstone as True
Causes of "Unavoidable
"Delay Vol. III. p.423.
"
1. Liberty (a) — (See Cole
No )
2. Property — (a)
3. Civility — (b)
4. Commerce — (c)
5. Extent of popular
territory —" (a)
Explanation
Of these 1. Liberty 2 Property
and 3 Civility are here too vague
to admitt of any void of all appropriate and
meaning determinate meaning
application — they have
here no meaning
unapplicable to any
no unapplicable to any
other purpose than that
of disruption for which they seem altogether
they were designed unapplicable. as if
to either Liberty, Property or Civility,
Delay (which so long as
to Commerce and 5. Extent
of populous territory
are almost equally vague de void
in meaning: what meaning of meaning : if they
they have convey any, it is only
in so far as they it may
happen to them to suggest,
in a vague way the idea of expatriation
and exprovinciation
of parties on the part of suitors and
witnesses, re causes of
non-forthcomingness
produced by not by
commerce in general, but by commerce resort
with distinct to foreign
states and dependencies
at a distance. [+]
In France, the only Courts
which gave dispatch were
the Consular Courts, appropriated
to commercial
causes; and the Judges
Commercial men, and not
Lawyers, Sir Urderinnan
True Causes of Avoidable
Delay, briefly indicated
For explanations see
pp. —
1
All delay is to the extent
of it an evil
2
All delay beyond what is
prudentially necessary is
an abuse
3
Whatsoever delay beyond
the ordinary quantity is
by any one proposed to
be introduced established,
or being established is defended,
it b is incumbent
on him who "proposes or
defends it to shew the
existence of a circumstance
operating in justification
of it: to those that
it is reconcilable & subservient to the ends
of justice
4
No fix quantity of
delay fixed by any general
lasts, and is not understandable,
is denial of justice)
were not only conducive but
necessary.
risk can be reconcilable
to the ends of justice.
5
If too short misdecision
or danger of do is the consequence.
6
If too long, the several
mischiefs of delay, as per
[+] Fulkes Expatriation may have
place without commerce,
as in the case of Irish Catholics
drawn to such military
employment in the
military line in foreign
countries: and commerce
without expatriation, as
in the case of the quondam Austrian
Netherlands and the Chinese.
7
Under the fee-gathering System
it has always been an
object with lawyers to establish
as much delay as the people
and the sovereign could be made
to bear
8
Uses to lawyers
1. To encourage male fide suits
defences and therein injuries
2. To breed incident with their profit
8 Uses to Lawyers
3. To afford them ease.
1 1
Nothing done without
delay
2 2
Delay ordinary or extraordinary
3 5 (a) 1
Extraordinary unavoidable
or avoidable.
4 3 a
Ordinary a small portion
of a day — proved by
experience.
5 4
Extraordinary, all above
that
6 6 1
Delay, even ordinary
being matter of regret.
Much more what is avoidable.
7 6 2
Hence the necessity of
inquiry into the causes
of the avoidable.
8 6 3
Practical uses
1. To submitt with resignation
to the unavoidable
2 — To such relief from
the avoidable
9 (i) 3 b
Extra-delay. Supposes
an ordinary quantity
(including vexatn & expence)
10 i 3 c
Thus a fraction of a day
Hulton. Hutchinsons
5 minutes —
more than 5 minutes
of which only a portion
of a day occupied.
11 (e) (f) 5 2
Necessary physical & prudential &
practicability do
impracticable = impossible
12 (c) (f) 5 3
Prudentially impracticable
viz — not without preponderant
inconvenience.
viz. in respect of &c
13 (e) (f) 5 4
Unavoidable — either
physically or prudentially
To the last
14 (e) (f)
Dispatch the negative of
unnecessary delay.
15 5 5
In case of prudential
impracticability &c propriety
of delay exposed
to dispatch: preponderance
as above, the medium of
solution.
16 5 6
But for these distinctions
and explanations any quantity
of factitious delay
may result in sort of verbal justification.
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Correspondence |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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Letter 1930, vol. 7 |
002 |
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