28 Nov. 1810
Ch 1. Beginning
§. 4. III. Insufficiency
II. Delay, a multifarious
head or source
of mischief: so
the effects are
1. Defalcation from the
value of the sum
2. Chance for more
incidents (productive of instruments
and operations of procedure)
with them more expense
- even defalcation
3. Vexation: viz
under natural procedure
great: under technical
2. On this as on every other occasion by the simple
term delay is designated a most multifarious as well as oppressive
mass head or source of mischief.
1. By From delay in respect of the receipt of a sum due
the value and effective amount of the sum when received is proportionally
2. By delay antecedent to dec judicial decision, room
is made for incidents to take place, whereby a demand,
natural or factitious or partly natural and partly factitious
is produced for the performance of juridical operations of procedure and the manufacture
of judi and exhibition of juridical instruments of procedure
and the burthen of costs proportionally increased.
In judicial procedure delay is a mine of incidents
and each incident is a mine of costs.
3. Delay is again moreover a source of vexation: and to the
vexa even a under the best and purest natural, much more under the existing
corrupt and technical system of procedure, to the increase of vexations with which
a course of litigation on any subject is pregnant there
are no certain limits.
Identifier: | JB/547/020/001
"JB/" can not be assigned to a declared number type with value 547.