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19 March 1807 = 2

Scotch Reform. Complication and Delay Table. Explanations

(f) Non-forthcomingness
of individuals — whether
in the character of suitors
or witnesses, is more directly
a cause of delay
than of complication;
so also non-forthcomingness
of sources of real or written evidence

delay the cause, complication
the casual effect.
In the other instances
the cause indicated
is never directly a
cause of complication
than of delay: complication
the cause,
delay the causal effect.

By nonforthcomingness
when accompanied by
remoteness (relation being viz: with
had reference to the Judgment
Seat) delay is liable
to be produced to the
amount altogether
indefinite and intermitent

(f) [Defendants]
The Plaintiff being
supposed to repair in
person to the Judgement
Seat to verify on oath
or what is equivalent
the matters of fact necessary
to warrant the
subjecting the Defendant
to the vexation attached
to that character, the
r non forthcomingness
and remoteness on the
Plaintiffs part are
thence at the outset
of the cases at any
rate, excluded from
the list of cases supposed.

---page break---
[Sources continued]

The list here given
of the in the character
of a list of the several
possible sources of delay
and complication is
is not supposed to be absolutely
compleat: it
is however supposed to
not want much of
being so.

Neither is it
supposed that the cases
given respectively as
examples of delay and
complication flowing
from these several sources
are in every
instance the most
apposite, whether as
being in the greatest
degree pregnant with
the inconvenience, or
as being in most frequent
occurrence: These
which however were the objects
arrived at in the selection
To have inserted all
the examples which the
nature of the case in
each instance afforded
would have been to tabulate
in this form an
indefinitely extensive
portion of the matter of
the laws.

Communications bad (addressed
to the Bookseller) suggesting altern editorial
heads or
more apposite examples
or reminders to such other imperfections
will be thankfully received
gratefully received.

---page break---

( ) By expatriation
is meant
to a spot out of the
dominions of the state
in which the Judgement
seat is situated: as
from England or Scotland
to France.

By Ex-provinuation
is meant]

Removal to a spot not
out of the dominion
of the state in which
the Judgement seat is
situated, but only out of
the jurisdiction of the
Judge belonging to that
seat: as from in Scotland
from one Sheriffwick
to another: or
as in England in a Spiritual
cause from one
diocese or spiritual
to another.

According to the nature
of the connection in
each instance the
three united Kingdoms included comprized
in the British Empire,
and then the several
Colonies and other distant
dependencies of the Empire
are have are to each other
in a sort of me ambiguous
or middle
state: between in so
much that whether to
some purpose removal
from one to another may
be considered as expatriation,
in others
only as exprovinuation.
Hence a sort of ambiguity
which for practical purposes would require to be cleared up by appropriate explanations.

---page break---
[Sources continued 2]

(e) of complication as
well as delay the chief
and almost only in any
considerable degree only almost the sole
immediate source lies
in the evidence.

If the multitude multiplicityof elementary
collative events
of states of things are necessary
to constitute the effective
the (as in Elective causes)
it is because the existence
of each such event or state
of things requires a distinct
pos mass of evidence
for the proof of it.

The same observation
will be found applicable to
almost all the other heads.

The only source of
complication altogether
independent of that what
which attaches imm arises immediately
out of the evidence
is that which has place
where a large and
complex mass of property
comes to be divided amongst
a multitude of Co-demandants —
When, as
in case of Bankruptcy
they claim by different
titles, there the source
lies, as above in the evidence.
But even where
all the demands are grounded
in the same title, as
in the case of legatees under
a will, especially if to
when are to not to
receive possession but
in consequence of
a number of events, remote
contingent and indefinitely
remote in
respect of time, absolute
and relative, in such case
the mere operation of distribution
may of itself
involve a very high degree
of complication: 2d and
the subject to be divided, being complex, is for that purpose to be reduced to the shape of money, which imports previous rate.

Identifier: | JB/122/051/002
"JB/" can not be assigned to a declared number type with value 122.


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Letter 1930, vol. 7

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